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STATE v. SCHOLTEN

No. 16317.

445 N.W.2d 30 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Brian Paul SCHOLTEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 30, 1989.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Atty. Gen. and Frank Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Steve Miller, Sioux Falls, for defendant and appellant.

PROCEDURAL HISTORY/ISSUES

HENDERSON, Justice.

Defendant/Appellant Brian P. Scholten (Scholten) was indicted, by the Minnehaha County Grand Jury, with two counts of aggravated assault, based on events which grew out of an altercation between Dale Larson (Larson) and Scholten, Robert C. Gillespie (Gillespie) and Ronald J. Marr (Marr) in a Sioux Falls parking lot. Scholten and Gillespie were tried together and were both convicted of one count of aggravated...

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