STATE v. AGER

No. 15669.

416 N.W.2d 871 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. Mac Earl AGER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 16, 1987.


Attorney(s) appearing for the Case

Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

Cynthia A. Howard, Deadwood, for defendant and appellant.


MORGAN, Justice.

Defendant, Mac Earl Ager (Ager), appeals from his conviction of attempted first-degree murder. Ager was sentenced to twenty-five years in the South Dakota Penitentiary. We affirm.

On May 10, 1984, Wayne Mayer (Mayer) was shot twice with a 30-30 caliber rifle at approximately 5:15 a.m. At the grand jury hearing and at the trial, Mayer testified that Ager threatened to "lay out in the weeds and blow me away" if he ever determined that Mayer...

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