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STATE v. LARKIN

No. 10936.

202 N.W.2d 862 (1972)

STATE of South Dakota, Plaintiff and Respondent, v. Terry LARKIN and Richard Loboda, Defendants and Appellants.

Supreme Court of South Dakota.

December 12, 1972.

Attorney(s) appearing for the Case

Robert W. Hedrick, Leavenworth, Kan., David V. Vrooman, Sioux Falls, Cenobio Lozano, Jr., Kansas City, Mo., for defendants and appellants.

Gordon Mydland, Atty. Gen., C. J. Kelly, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

WINANS, Judge.

The appellants, Terry Larkin and Richard Loboda, were jointly tried and found guilty of grand larceny. On appeal, the principal question they have raised concerns the admissibility of certain evidence that was seized from their car during the execution of a valid search warrant but not described in the warrant and unrelated to the offense under investigation.

The relevant facts are not in dispute...

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