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STATE v. KAISER

No. 18562.

526 N.W.2d 722 (1995)

STATE of South Dakota, Plaintiff and Appellee, v. Michael KAISER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 25, 1995.

Rehearing Denied March 1, 1995.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Scott Bogue, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

William D. Gerdes of Williams, Gellhaus & Gerdes, P.C., Aberdeen, for defendant and appellant.

WUEST, Retired Justice.

Michael Kaiser was found guilty of two counts of Conspiracy to Commit Murder under SDCL 22-3-8 and sentenced to two concurrent terms of life imprisonment without the possibility of parole. Kaiser appeals the judgment and sentencing on grounds that South Dakota lacked jurisdiction to convict him and that the sentence of two life terms for conspiracy to commit murders which did not, in fact, occur constitutes cruel and unusual punishment. Because...

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