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STATE v. LOWTHER

No. 15984.

434 N.W.2d 747 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Dean A. LOWTHER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 11, 1989.

Rehearing Denied February 17, 1989.

Attorney(s) appearing for the Case

Janine Kern Asst. Atty. Gen., Robert Hopper and Michael Hanson, Legal Interns, Roger A. Tellinghuisen, Atty. Gen., on the brief, Pierre, for plaintiff and appellee.

James E. McCulloch, Vermillion, for defendant and appellant.

WUEST, Chief Justice.

Defendant, Dean Lowther, appeals his conviction of second degree arson and burning to defraud an insurer, contrary to SDCL 22-33-21 and SDCL 22-33-4,2 respectively. We affirm.

On January 1, 1986, fire destroyed defendant's mobile home located in Vermillion, South Dakota. A subsequent investigation by Deputy State Fire Marshall Darrell Fodness (Fodness) and Vermillion Fire Chief...

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