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STATE v. OLSEN

No. 16885.

462 N.W.2d 474 (1990)

STATE of South Dakota, Plaintiff and Appellant, v. Michael K. OLSEN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 10, 1990.

Attorney(s) appearing for the Case

John Slattery, Union County State's Atty., Elk Point, for plaintiff and appellant.

Rick Johnson of Johnson, Eklund & Davis, Gregory, for defendant and appellee.

SABERS, Justice.

The State appeals a magistrate court order dismissing a charge of manslaughter in the second degree against Michael K. Olsen.

Facts.

About 5:00 p.m. on May 24, 1989, Olsen was driving a tractor west on Highway 46, approximately one mile east of the Beresford city limits. Visibility was good as it was a clear, sunny day. Olsen entered the highway from a field where he had been working and was travelling between five and fifteen...

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