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STATE v. BRUDER

No. 22851.

676 N.W.2d 112 (2004)

2004 SD 12

STATE of South Dakota, Plaintiff and Appellee, v. Brandon BRUDER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 28, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

David M. Hosmer, Yankton, South Dakota, Attorney for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Defendant was charged with aggravated assault against a sixteen year old boy stemming from an altercation with two boys at his home. In his trial, defendant testified that one of the boys shoved him. In response, he shoved back. According to defendant, the second boy then attempted to strike him. Defendant testified that he blocked the blow and struck the boy a single time. The boy was severely injured. Despite defendant's testimony...

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