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PETITION OF PERCY

Civ. 68-85S.

293 F.Supp. 1131 (1968)

Petition of Dale PERCY for a Writ of Habeas Corpus.

United States District Court D. South Dakota, S. D.

December 17, 1968.

Attorney(s) appearing for the Case

Timothy J. Nimick, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for petitioner.

Michael B. Strain, Asst. Atty. Gen., Pierre, S. D., for Warden of South Dakota State Penitentiary and for State of South Dakota.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This is a habeas corpus proceeding in accordance with Title 28 U.S.C. Sec. 2254. Dale Percy (hereinafter called petitioner) claims that his ultimate trial and conviction were violative of his constitutional and statutory guarantees of protection against double jeopardy pursuant to Article V of the United States Constitution and Article VI, Section 9, of the Constitution of the State of South Dakota. In the alternative...

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