State v. Tschetter

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 to review the order and consequently dismissed the appeal. Thereupon the State applied to this court for a writ of certiorari, alleging pursuant to SDCL 21-31-1 that…