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STATE v. KLUEBER

No. 10129.

132 N.W.2d 847 (1965)

STATE of South Dakota, Plaintiff and Respondent, v. Roland J. KLUEBER, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied April 23, 1965.

Attorney(s) appearing for the Case

Charles Lacey, Sioux Falls, Dave L. MacFarlane, Montrose, for defendant and appellant.

Frank L. Farrar, Atty. Gen., Robert A. Miller, Asst. Atty. Gen., Pierre, Clinton J. Nagel, McCook County State's Atty., Salem, for plaintiff and respondent.

RENTTO, Judge.

The jury returned its verdict finding defendant guilty of indecent molestation of a child of the age of 12 years. The judgment from which he appeals sentenced him to three years imprisonment in the State Penitentiary.

The statute under which he was charged, SDC 1960 Supp. 13.1727, so far as here material, provides that:

"Any person who shall willfully and unlawfully commit any lewd or lascivious...

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