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SD Conviction for Spitting on Prison Guard Affirmed

Brian Schouten, a state prisoner, spat on a guard at the South Dakota State
Penitentiary. He was convicted of a class 6 felony under SDCL 22-18-26 for
the spitting incident, without being allowed to present evidence of his
diminished capacity. On appeal, the South Dakota Supreme Court considered
whether SDCL …

 

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