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STATE OF SOUTH DAKOTA Plaintiffs and Appellants v. KEVIN SCHERR Defendant and Appellee [2002 SD 140] South Dakota Supreme Court Appeal from the Circuit Court of The Seventh Judicial Circuit Pennington County, South Dakota Hon. Janine M. Kern, Judge MARK BARNETT Attorney General SHERRI SUNDEM WALD Assistant Attorney General Pierre, South Dakota Attorneys for plaintiff and appellee. BETSEY HARRIS Office of the Public Defender for Pennington County Rapid City, South Dakota Attorney for defendant and appellant. Considered on Briefs October 7, 2002 Opinion Filed 11/20/2002 #22185 SABERS, Justice [¶1.] Kevin Scherr was charged with first degree murder (SDCL 22-16-4) and alternatively, second degree murder (SDCL 22-16-7). He was also charged with attempted first degree murder (SDCL 22-16-4 and SDCL 22-4-1). At the close of the State

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South Dakota Law