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RAPID CITY v. REHFELD

No. 9760.

101 N.W.2d 396 (1960)

RAPID CITY, Plaintiff and Respondent, v. Elwood O. REHFELD, Defendant and Appellant.

Supreme Court of South Dakota.

March 2, 1960.

Attorney(s) appearing for the Case

E. E. Sullivan, Rapid City, for defendant and appellant.

Leonard E. Morrison, City Atty., Thomas R. Lehnert, Asst. City Atty., Rapid City, for plaintiff and respondent.

HANSON, Judge.

A complaint was filed in the Municipal Court of Rapid City charging, in substance, that the defendant, on the 3rd day of July, 1958, within said city, did violate Sec. 8.0610 of Rapid City Ordinance No. 470, in that said defendant did then and there wilfully and unlawfully "be and remain under the influence of intoxicating liquor" contrary to the provisions of said ordinance. The jury found defendant guilty "as charged" and he was sentenced to serve...

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