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STATE v. HOFMAN

No. 19692.

562 N.W.2d 898 (1997)

1997 SD 51

STATE of South Dakota, Plaintiff and Appellee, v. Marlo D. HOFMAN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 7, 1997.

Attorney(s) appearing for the Case

John D. Knight, Deuel County State's Attorney, Clear Lake, for Plaintiff and Appellee.

Terry J. Sutton, Watertown, for Defendant and Appellant.

SABERS, Justice

[¶ 1.] Marlo Hofman appeals his conviction for first-degree murder of his brother. He claims 1) the trial court should have suppressed the second statement he made to police as involuntary and coerced since the court suppressed his first statement, made hours earlier in the presence of the same police officer. Additionally, he argues 2) his motion for mistrial should have been granted when the State elicited testimony referring to the suppressed...

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