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KOST v. STATE

No. 14186.

344 N.W.2d 83 (1984)

Leonard KOST, Petitioner and Appellant, v. STATE of South Dakota, Respondent and Appellee.

Supreme Court of South Dakota.

Decided February 1, 1984.

Attorney(s) appearing for the Case

Scott C. Petersen of McFarland, Petersen & Nicholson, Sioux Falls, for petitioner and appellant.

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

MORGAN, Justice.

This appeal arises from a petition for post-conviction relief filed by appellant Leonard Kost (Kost). The trial court denied relief and Kost appeals. We affirm.

On May 4, 1978, Kost was found guilty of manslaughter in the first degree by a jury. Kost admitted he shot Josephine Graber (victim) four times with a .22 caliber rifle. Judgment was entered and sentence was imposed by Judge Ernest W. Hertz. Judge Hertz sentenced Kost to life imprisonment...

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