STATE v. REGGIO

No. 10732.

176 N.W.2d 62 (1970)

STATE of South Dakota, Plaintiff-Respondent, v. Richard REGGIO, Defendant-Appellant.

Supreme Court of South Dakota.

April 7, 1970.


Attorney(s) appearing for the Case

Richard D. Hagerty, Yankton, for defendant-appellant.

Gordon Mydland, Atty. Gen., Leonard E. Andera, Asst. Atty. Gen., Pierre, for plaintiff-respondent.


RENTTO, Judge.

The question presented on this appeal is whether an information must be dismissed because evidence obtained by an illegal search and seizure was introduced at the preliminary examination which was the basis for holding the defendant to answer the charge therein alleged.

When a quantity of cigarettes stolen from a retail store in Yankton, South Dakota, were discovered and seized in a search of the room which defendant shared with another, he...

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