STATE v. GILLESPIE

No. 16267.

445 N.W.2d 661 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Robert Clement GILLESPIE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 30, 1989.


Attorney(s) appearing for the Case

R. Shawn Tornow, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

Thomas W. Parliman, P.C., Sioux Falls, for defendant and appellant.


WUEST, Chief Justice.

Defendant, Robert Clement Gillespie, appeals his conviction of aggravated assault, in violation of SDCL 22-18-1.1(4). We affirm in part and reverse in part.

In the early morning hours of October 17, 1987, Dale Larson (Larson) was severely beaten in a parking lot near a bar in Sioux Falls, South Dakota. As a result of the beating, Larson sustained severe bruises, a broken rib, and a punctured lung. A severe blow to Larson's chest ruptured...

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