STATE v. HATTEN

No. 13361.

312 N.W.2d 469 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. Ted M. HATTEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 18, 1981.


Attorney(s) appearing for the Case

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Donald G. Forgey, Dakota Plains Legal Services, Batesland, for defendant and appellant.


MORGAN, Justice.

Defendant appeals his felony conviction for forgery on three evidentiary grounds; (1) erroneous admission of a photographic lineup, (2) erroneous admission of bank return slips attached to a check, and (3) insufficient evidence to support the verdict. Since we reverse the trial court on the second issue, we do not reach the other grounds raised by defendant.

On February 28, 1979, defendant negotiated a twenty-five dollar check drawn on Archie...

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