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STATE v. MILLER

No. 26653.

851 N.W.2d 703 (2014)

2014 S.D. 49

STATE of South Dakota, Plaintiff and Appellee, v. Chris Allen MILLER a/k/a Chris Allen Huber, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 16, 2014.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Kelly Marnette , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Scott J. Podhradsky , Wipf & Cotton Law Offices, Wagner, South Dakota, Attorneys for defendant and appellant.

SEVERSON, Justice.

[¶ 1.] A jury convicted Chris Miller of second degree murder and aggravated assault for the death of his son — Jacob. Miller appeals. We affirm.

Background

[¶ 2.] Jacob was born on October 27, 2010, to his mother — Stacy Miller (Stacy), and father — Chris Miller (Miller). Jacob had an older sister who was born on August 13, 2009. The family lived in Scotland, South Dakota.

[¶ 3.] On March...

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