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STATE v. WAFF

No. 14336.

373 N.W.2d 18 (1985)

STATE of South Dakota, Plaintiff and Appellee, v. David WAFF, 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.

Robert Van Norman, Rapid City, for defendant and appellant.

WOLLMAN, Justice.

Defendant was convicted by a Hughes County jury (venue having been changed from Lawrence County) of conspiracy to commit murder in the first degree and of first-degree murder. The jury rejected the State's request that Waff be sentenced to death on the count of first-degree murder and instead recommended that he be sentenced to life imprisonment. SDCL 23A-27A-2; 23A-27A-4. Defendant has appealed. We affirm...

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