STATE v. EAGLE STAR

No. 19439.

558 N.W.2d 70 (1996)

1996 SD 143

STATE of South Dakota, Plaintiff and Appellee, v. Thomas W. EAGLE STAR, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 18, 1996.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Grant Gormley and Jennifer K. Trucano, Assistant Attorneys General, Pierre, for plaintiff and appellee.

Sandy Steffen of Johnson, Eklund, Nicholson & Dougherty, Gregory, and Paul E. Jensen of Jensen and Massa, Winner, for defendant and appellant.


MILLER, Chief Justice.

[¶ 1] Thomas William Eagle Star (Defendant) appeals his conviction of aggravated assault. We affirm.

FACTS

[¶ 2] On the evening of June 5, 1995, people gathered at Victim's residence in Gregory, South Dakota. The group, including Victim, consumed a large amount of alcohol throughout the course of the evening. Defendant arrived at the party at approximately 10:00 p.m. and began drinking. The party continued outside...

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