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KING v. SOLEM

No. 14837.

383 N.W.2d 852 (1986)

Tony L. KING, Petitioner and Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided March 26, 1986.

Attorney(s) appearing for the Case

Thomas M. Frankman of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for petitioner and appellant.

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

MORGAN, Justice.

This appeal is from a trial court's judgment and order denying a petition for a writ of habeas corpus which was filed by Tony Leon King (King). In 1979, King was charged by a two-count information with having committed second-degree rape, in violation of SDCL 22-22-1(4) and sexual contact with a child under fifteen, in violation of SDCL 22-22-7. King was also charged in a second information for being an habitual offender, under SDCL 22-7-7. King first...

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