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STATE v. SMITH

No. 17118.

477 N.W.2d 27 (1991)

STATE of South Dakota, Plaintiff and Appellee, v. James Elmer SMITH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 30, 1991.

Attorney(s) appearing for the Case

Gary Campbell, Asst. Atty. Gen. (Mark Barnett, Atty. Gen., on the brief), Pierre, for plaintiff and appellee.

Mark Meierhenry and Sabrina Meierhenry of Meierhenry & Meierhenry, Sioux Falls, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

On October 17, 1989, James Elmer Smith (Smith) was arrested in connection with the robbery of the First American Bank in Lincoln County, Fairview, South Dakota. A customer, Mary Stensland (Mrs. Stensland) was killed in the course of the robbery. Paul T. Wood (Wood) was also arrested in connection with the robbery. Smith was indicted on October 27, 1989. On January 9, 1990, the State filed a notice of intent to...

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