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STATE v. LEE

No. 20513.

599 N.W.2d 630 (1999)

1999 SD 81

STATE of South Dakota, Plaintiff and Appellee, v. David Allen LEE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 30, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Constance K. Nilles, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Lynn E. McGuire, Minnehaha County Public Defender's Office, Sioux Falls, South Dakota, Attorney for defendant and appellant.

MILLER, Chief Justice.

[¶ 1.] David Lee appeals his conviction of the second-degree murder of his prison cellmate. We affirm.

FACTS

[¶ 2.] Lee shared a cell with Robert Walth in the South Dakota State Penitentiary. During the early hours of September 9, 1997, Lee and Walth were doing beadwork and watching a movie. They were also clandestinely consuming "hooch," a homemade alcohol. Although Lee...

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