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  5. 676 N.W.2d 139 (2004)
 

STATE v. GIROUX

No. 22665.

676 N.W.2d 139 (2004)

2004 SD 24

STATE of South Dakota, Plaintiff and Appellee, v. George GIROUX, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 18, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Patricia Archer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Mitchell D. Johnson, Rapid City, South Dakota, Attorney for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] George Giroux, Jr. was charged with second degree manslaughter, SDCL 22-16-20 and aggravated assault, SDCL 22-18-1.1(4). A jury found Giroux guilty of aggravated assault but acquitted him of manslaughter. Giroux was sentenced to fifteen years in the penitentiary, seven years suspended. Giroux appeals his conviction. We reverse.

FACTS

[¶ 2.] The charges against Giroux stem from an incident in which Giroux hit...

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