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STATE v. EAKES

No. 11061.

206 N.W.2d 272 (1973)

STATE of South Dakota, Plaintiff and Respondent, v. Norman EAKES, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied May 9, 1973.

Attorney(s) appearing for the Case

Lee R. Burd, Marvin K. Bailin, Christopherson & Bailin, Timothy J. Nimick, Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellant.

Gordon Mydland, Atty. Gen., Michael J. McGreevy, William J. Srstka, Jr., Asst. Attys. Gen., Pierre, for plaintiff and respondent.

WINANS, Justice.

The defendant in this case was charged with and found guilty by the municipal court of Sioux Falls, South Dakota of possession with intent to exhibit obscene matter, contrary to SDCL 22-24-12. To understand the rather numerous assignments of error made by the defendant in his appeal it is necessary to set forth with some detail the factual situation.

On August 10, 1971, two Sioux Falls police officers, Edgar Flowers and Max Madsen, while wearing...

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