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STATE v. BANKS

No. 14769.

387 N.W.2d 19 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. Dennis J. BANKS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 30, 1986.

Attorney(s) appearing for the Case

Bruce Ellison, Rapid City, for defendant and appellant.

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

MORGAN, Justice.

This is hopefully the final chapter of the Custer Courthouse riot which occurred in Custer, South Dakota, in February 1973. Dennis Banks (Banks) was convicted of riot while armed, SDCL 22-10-5, and assault with a dangerous weapon, SDCL 22-18-11 (since repealed). The factual background has been presented before and will not be reiterated here unless pertinent. See State v. Bad Heart Bull,

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