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STATE v. KEMP

No. 9168.

44 N.W.2d 214 (1950)

STATE v. KEMP.

Supreme Court of South Dakota.

October 3, 1950.

Attorney(s) appearing for the Case

John F. Lindley, Chamberlain, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant.

Donald J. Porter, State's Attorney, Brule County, Chamberlain, Sigurd Anderson, Attorney General, for plaintiff and respondent.

Robert D. Jones, Milbank, Fred A Tinan, Mitchell, Roy E. Willy, Sioux Falls, for South Dakota Sportsmen's Clubs, Inc., amici curiae.

RUDOLPH, Judge.

The question presented in this appeal is whether the enactment of subdivision (9), § 25.0306, by Ch. 91, Laws of 1949, was within the power of the legislature. This section of our law provides,

"No license shall be issued to a nonresident for the hunting, taking or killing of any migratory waterfowl."

The trial court held the law valid. We agree with this holding.

The facts are without dispute. The defendant, a nonresident...

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