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STATE HIGHWAY COMMISSION v. EARL

No. 10230.

143 N.W.2d 88 (1966)

STATE HIGHWAY COMMISSION of the State of South Dakota on Behalf of and in the name of the State of South Dakota, Plaintiff and Appellant, v. Lorne T. EARL, Defendant and Respondent.

Supreme Court of South Dakota.

June 2, 1966.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., John B. Wehde, Sp. Asst. Atty. Gen., Pierre, for plaintiff and appellant.

Morgan & Fuller, H. T. Fuller, Mitchell, for defendant and respondent.

HANSON, Judge.

During the course of trial of this condemnation action the State subpoenaed a realtor, Erwin Asmussen, who had made an appraisal of the condemned property for defendant landowner. However, he was not called by defendant. When the State sought to examine Asmussen the trial court granted defendant's motion to suppress the same. The record is silent as to the grounds of the motion or the trial court's reason...

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