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STATE v. MENARD

No. 15866.

424 N.W.2d 382 (1988)

STATE of South Dakota, Plaintiff and Appellee, v. Jerry Morris MENARD, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 8, 1988.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Atty. Gen., Thomas Harmon, Deputy Atty. Gen., Pierre, for plaintiff and appellee.

Wayne Gilbert of Banks, Johnson, Johnson, Colbath & Huffman, Rapid City, for defendant and appellant.

HEEGE, Circuit Judge.

Jerry Morris Menard (defendant) appeals from a judgment of conviction for first degree murder. We affirm.

At approximately 1:00 a.m. on January 31, 1987, Ranson Rich (decedent) and a companion, both of whom were in a drunken condition, were returning from a bar in Rapid City, South Dakota. Decedent had been involved in a fight at the bar and was taking out his anger by knocking over mailboxes.

Decedent and his companion passed...

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