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STATE v. BLACK

No. 17551.

494 N.W.2d 377 (1993)

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

Supreme Court of South Dakota.

Decided January 6, 1993.

Rehearing Granted February 19, 1993.

Attorney(s) appearing for the Case

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

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

SABERS, Justice.

Bradley Black (Black) was convicted of the first-degree murder of Robert Hymore (Hymore).1 He was sentenced to life imprisonment without parole. Black's only claim on appeal is that the trial court erred by refusing lesser included instructions on first-degree manslaughter. We affirm.

FACTS

On December 6, 1990, Black and Hymore met in a bar in Sioux Falls,...

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