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STATE v. TIMMONS

#29740.

974 N.W.2d 881 (2022)

2022 S.D. 28

STATE of South Dakota, Plaintiff and Appellee, v. David Paul TIMMONS, Defendant and Appellant.

Supreme Court of South Dakota.

Opinion Filed May 18, 2022.

Attorney(s) appearing for the Case

BRAD SCHREIBER , Pierre, South Dakota, Attorney for defendant and appellant.

JASON R. RAVNSBORG , Attorney General, JONATHAN K. VAN PATTEN , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

[¶1.] David P. Timmons was charged with aggravated assault arising from a physical altercation with his girlfriend, K.C., during which K.C. claimed Timmons choked her. At trial, Timmons moved for a judgment of acquittal arguing the evidence was insufficient to show that he attempted to place K.C. in fear of death or imminent...

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