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STATE v. NEW

No. 18765.

536 N.W.2d 714 (1995)

STATE of South Dakota, Plaintiff and Appellee, v. Theodore D. NEW, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 23, 1995.

Attorney(s) appearing for the Case

Mark W. Barnett, Atty. Gen., Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Russell C. Molstad, Jr. of Morman, Smit, Hughes, Strain, Molstad and Haivala, Sturgis, for defendant and appellant.

AMUNDSON, Justice.

Defendant Theodore D. New (New) appeals his conviction for second-degree murder resulting from the death of John Mousseaux (Mousseaux). We affirm.

FACTS

On April 7, 1993, Mousseaux was bludgeoned to death on a Meade County road north of Rapid City, South Dakota. Three men—Larry Black Bear (Black Bear), Augustine White Horse (White Horse), and New—were with Mousseaux at the time of his death. The trio fled the state...

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