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STATE v. STRAHL

No. 25005.

768 N.W.2d 546 (2009)

2009 SD 54

STATE of South Dakota, Plaintiff and Appellant, v. James Robert STRAHL, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Patricia J. DeVaney, Assistant Attorney General, Pierre, SD, for plaintiff and appellant.

Phillip O. Peterson, A. Jason Rumpca of Peterson and Stuart, Prof. L.L.C., Beresford, SD, for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] Defendant was convicted of first degree murder and grand theft. He moved for a new trial based on newly discovered evidence: the State's key witness was twice convicted of perjury in an unrelated criminal case. Finding that the newly discovered evidence was material and probably would produce an acquittal on the first degree murder charge, the circuit court granted a new trial. On appeal, the State argues that the new evidence, being...

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