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STATE v. BITTNER

No. 14011.

359 N.W.2d 121 (1984)

STATE of South Dakota, Plaintiff and Appellee, v. Steven Darrell BITTNER, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned September 11, 1984.

Decided November 14, 1984.

Rehearing Denied December 18, 1984.

Attorney(s) appearing for the Case

Mark W. Barnett, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Thomas Amodio, Legal Intern, Pierre, on brief.

David R. Gienapp of Arneson, Issenhuth & Gienapp, Madison, for defendant and appellant.

WOLLMAN, Justice (on reassignment).

This is an appeal from a judgment of conviction for murder in the first degree and attempted murder in the first degree. We affirm.

The appellant, Steven Darrell Bittner, had for a period of some years lived together with his girl friend, Janice Palmer (Palmer), in a house in Huron, South Dakota. On March 30, 1982, at approximately 6:00 a.m., Bittner returned to the house after spending the night out. He awakened Palmer...

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