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STATE v. WAGNER

Nos. 11102, 11113.

196 N.W.2d 360 (1972)

STATE of South Dakota, Plaintiff, v. Jerome WAGNER, Defendant.

Supreme Court of South Dakota.

April 17, 1972.

Attorney(s) appearing for the Case

Arnold C. Jones, Deputy State's Atty., Rapid City, for plaintiff.

James W. Olson, Rapid City, for defendant.

BIEGELMEIER, Judge.

Petitions for permission to appeal from intermediate orders (SDCL 15-26-10 and SDCL 23-51-5) have heretofore been determined only by order; however, by reason of the importance of questions of procedure hereafter mentioned it was deemed advisable to write an opinion.

In #11102 the state has attempted to appeal from what is denominated an order of the Municipal Court of the City of Rapid City granting a defendant's motion to suppress certain...

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