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JIBBEN v. STATE

No. 13859.

343 N.W.2d 788 (1984)

Jimmy Dean JIBBEN, Petitioner and Appellant, v. STATE of South Dakota, Appellee.

Supreme Court of South Dakota.

Decided February 1, 1984.

Attorney(s) appearing for the Case

Richard Braithwaite of Braithwaite Law Offices, Sioux Falls, for petitioner and appellant.

Mark Smith, Asst. Atty. Gen., Pierre, for appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

PER CURIAM.

Petitioner, Jimmy Dean Jibben, was convicted of incest and sentenced to eight years in the penitentiary. Because of the nature of the issues that he raises, petitioner dismissed his direct appeal and instituted this post-conviction proceeding.1 See State v. McBride, 296 N.W.2d 551 (S.D. 1980). We affirm.

Petitioner argues that he was denied a trial by an impartial jury because...

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