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STATE v. WIEGERS

No. 14304.

373 N.W.2d 1 (1985)

STATE of South Dakota, Plaintiff and Appellee, v. Donald WIEGERS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 31, 1985.

Attorney(s) appearing for the Case

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

Kenn A. Pugh, Northern Hills Public Defender, Deadwood, for defendant and appellant.

WOLLMAN, Justice.

Defendant appeals from his conviction by a Brule County jury of two counts of conspiracy to commit premeditated murder and of the lesser included offense of manslaughter in the second degree.1 We affirm in part and remand in part.

The charges against defendant arose out of the killing of Russell Keller of Deadwood on October 22, 1981. On January 28, 1983, a Lawrence County grand jury returned an indictment charging...

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