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STATE v. RUFENER

No. 15039.

401 N.W.2d 740 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. Eugene RUFENER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 4, 1987.

Attorney(s) appearing for the Case

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

Thomas K. Wilka of Hagen & Wilka, Sioux Falls, for defendant and appellant.

MORGAN, Justice (on rehearing).

This case comes before us on a petition for rehearing. The original opinion was filed August 13, 1986. State v. Rufener, 392 N.W.2d 424 (S.D.1986) (Rufener I). We affirm in part, reverse in part, and remand for a new trial.

In his petition for rehearing, Rufener urges three separate contentions. Initially, Rufener claims that this court incorrectly upheld the trial court's refusal...

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