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STATE v. ASHKER

No. 15389.

412 N.W.2d 97 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. Lewis ASHKER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 19, 1987.

Attorney(s) appearing for the Case

Jon R. Erickson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Thomas E. Alberts, Avon, for defendant and appellant.

SABERS, Justice.

Lewis Ashker (Ashker) appeals his conviction for first-degree murder. We affirm.

Facts

Jerry Plihal (Plihal) was found dead on the living room floor of his Delmont, South Dakota home on June 16, 1985. He died as a result of multiple stab wounds. The State's witnesses placed the time of death somewhere between 6:30 p.m. on Thursday, June 13, 1985 and 2:30 a.m. on Friday, June 14, 1985.

The State's case was purely circumstantial...

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