State v. Fender

Due to the dissertation on aggravated assault and particularly the footnote thereon contained in the majority opinion, I am forced to concur in the result of this opinion and not vote a straight concurrence. How can I place my imprimatur on the author’s dissertation, particularly the footnote, when it is an obvious attempt to undermine, again, the holding by this Court in State v. Feyereisen, 348 N.W.2d 384 (S.D.1984), State v. Cook, 319 N.W.2d 809, 811 (S.D.1982), and State v. Corle, 294 N.W.2d 799 (S.D.1980)?

In Feyereisen, 343 N.W.2d at 386, we stated:

In light of the state statute and our…