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STATE v. MUNSON

No. 10828.

201 N.W.2d 123 (1972)

STATE of South Dakota, Plaintiff and Appellant, v. H. Benjamin MUNSON, M.D., Defendant and Respondent.

Supreme Court of South Dakota.

September 26, 1972.

Attorney(s) appearing for the Case

Gordon Mydland, Atty. Gen., C. J. Kelly, Asst. Atty. Gen., Pierre, Jack Klauck, State's Atty., Rapid City, for plaintiff and appellant.

Homer Kandaras, Rapid City, Roy Lucas, New York City, for defendant and respondent.

HANSON, Presiding Judge.

Defendant H. Benjamin Munson, a licensed physician, was charged with the crime of abortion in an Information filed by the State's Attorney of Pennington County. Defendant's motion to dismiss was granted by the trial court upon the grounds the abortion statute constitutes an unconstitutional invasion of individual right without a compelling interest in the State.

Our abortion law was first enacted in 1887. It has remained substantially...

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