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STATE v. BLACK

No. 17551.

506 N.W.2d 738 (1993)

STATE of South Dakota, Plaintiff and Appellee, v. Bradley Dean BLACK, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 22, 1993.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Frank E. Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Michael J. Butler of Butler and Nesson, Sioux Falls, for defendant and appellant.

MILLER, Chief Justice (on rehearing).

On January 6, 1993, the first-degree murder conviction of Bradley Dean Black was upheld by plurality decision of this Court. State v. Black, 494 N.W.2d 377 (S.D.1993) (Black I). Black petitioned for rehearing. We granted his petition. Upon reconsideration, although we ratify the result of Black I and its resulting judgment affirming Black's

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