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STATE v. LYBARGER

No. 17670.

497 N.W.2d 102 (1993)

STATE of South Dakota, Plaintiff and Appellee. v. Roland Lewis LYBARGER, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned October 13, 1992.

Decided March 3, 1993.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Ann C. Meyer, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Shawn Jensen Pahlke, Office of Public Defender, Rapid City, for defendant and appellant.

MILLER, Chief Justice (on reassignment).

Roland Lybarger appeals his judgment of conviction for aggravated assault. We affirm.

FACTS

Lybarger was living with Corinne Vermillion and her infant son during spring 1991. Lybarger and Corinne went out together on the evening of May 15, 1991. Corinne returned home without Lybarger and went to sleep. Believing she had left with another man, Lybarger came back to their apartment and attacked her in bed. During...

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