State v. Olson

334 N.W.2d 49 (1983)

STATE of South Dakota, Plaintiff and Appellant,

v.

Billy G. OLSON, Defendant and Appellee.

No. 13794.

Supreme Court of South Dakota.

Argued February 15, 1983.

Decided May 18, 1983.

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

Ronald R. Johnson of Johnson & Kelley, Lemmon, for defendant and appellee.

DUNN, Justice.

This is an appeal from an order acquitting Billy G. Olson (appellee) of aggravated assault and entering a conviction of simple assault in its place.

Appellee was charged with aggravated assault…