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STATE v. DANIELSON

No. 25271.

786 N.W.2d 354 (2010)

2010 SD 58

STATE of South Dakota, Plaintiff and Appellant, v. Trent DANIELSON, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned May 20, 2010.

Decided July 14, 2010.

Attorney(s) appearing for the Case

John H. Fitzgerald, Lawrence County State's Attorney, Deadwood, South Dakota, Attorney for plaintiff and appellant.

John R. Frederickson, Francy E. Foral of Frederickson Law Office, P.C., Deadwood, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice (on reassignment).

[¶ 1.] This case requires us to decide whether a defendant, acquitted of grand theft, may be prosecuted for perjury on his trial testimony if the issue in the pending perjury trial was raised in the former trial. In dismissing the perjury charge on double jeopardy grounds, the circuit court reasoned that defendant's truthfulness on whether he fixed a 1950 Studebaker had been litigated as an essential issue in the former case...

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