State v. Banks

MORGAN, Justice.

This is hopefully the final chapter of the Custer Courthouse riot which occurred in *21Custer, South Dakota, in February 1973. Dennis Banks (Banks) was convicted of riot while armed, SDCL 22-10-5, and assault with a dangerous weapon, SDCL 22-18-11 (since repealed). The factual background has been presented before and will not be reiterated here unless pertinent. See State v. Bad Heart Bull, 257 N.W.2d 715 (S.D.1977). On appeal, Banks basically raises three issues. First, that he was denied his right to a fair trial. Second, that the trial court failed to properly charge the jury…