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STATE v. CATCH THE BEAR

No. 14349.

352 N.W.2d 637 (1984)

STATE of South Dakota, Plaintiff and Appellant, v. Collins CATCH THE BEAR, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 6, 1984.

Rehearing Denied July 10, 1984.

Attorney(s) appearing for the Case

Thomas Harmon, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Mikal Hanson, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

James D. Leach, Rapid City, for defendant and appellee.

DUNN, Justice.

This is an appeal by the State of South Dakota from an order of the trial court granting a mistrial with prejudice in a first-degree murder case. We reverse and remand for a new trial.

On July 21, 1982, Clarence Tollefson was shot to death on a ridge overlooking the "Yellow Thunder Camp" in Pennington County, South Dakota. Collins Catch The Bear was arrested and charged with first-degree murder. An eyewitness to the shooting, James Lee Jones...

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