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STATE v. SCHMIEDT

No. 18630.

525 N.W.2d 253 (1994)

STATE of South Dakota, Plaintiff and Appellee, v. Scott SCHMIEDT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 14, 1994.

Attorney(s) appearing for the Case

Mark W. Barnett, Atty. Gen., Craig M. Eichstadt, Deputy Atty. Gen., Pierre, for plaintiff and appellee.

Michael B. Crew of Crew and Crew, Sioux Falls, for defendant and appellant.

PER CURIAM.

ACTION

A jury convicted Scott Schmiedt (Schmiedt) of aggravated assault of Mitchell police officer Kessler. SDCL 22-18-1.1(5) (attempt by physical menace with a deadly weapon to put another in fear of imminent serious bodily harm). Schmiedt appeals his conviction alleging insufficiency of evidence and errors of law. We affirm.

FACTS

At 11:15 p.m. on July 1, 1993, Mitchell police were called to the Schmiedt home after Donna Schmiedt...

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