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STATE v. TSCHETTER

No. 14227.

337 N.W.2d 829 (1983)

STATE of South Dakota, Applicant, v. Robert L. TSCHETTER, Presiding Judge, Eighth Judicial Circuit, Respondent.

Supreme Court of South Dakota.

Decided August 24, 1983.

Attorney(s) appearing for the Case

Douglas E. Kludt, Asst. Atty. Gen., Pierre, for applicant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Ronald R. Johnson, of Johnson & Kelley, Lemmon, for respondent.

FOSHEIM, Chief Justice.

A jury convicted respondent Billy G. Olson of aggravated assault on February 11, 1982. Several days later Olson's attorney moved the trial court to enter a judgment of acquittal on that conviction and enter, in lieu thereof, a conviction of simple assault. The trial court granted the motion and the State appealed. In State v. Olson, 334 N.W.2d 49 (S.D.1983), we concluded that we did not have jurisdiction...

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