State Ex Rel. Percy v. Erickson

LUND, Circuit Judge.

In 1961, the Defendant Percy was convicted of the crime of indecent molestation of a minor child. For this crime he was sentenced to 40 years in the State Penitentiary under the habitual criminal statute. On appeal his conviction was reversed. State v. Percy, 80 S.D. 1, 117 N.W.2d 99.

Thereafter, in 1963, he was tried and convicted of the crime of kidnapping, arising out of the same transaction for which he had been previously convicted of molestation, and upon such conviction was sentenced to life imprisonment. This conviction was affirmed on appeal. State v. Percy, 81…