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STATE v. MUNSON

No. 10828.

206 N.W.2d 434 (1973)

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

Supreme Court of South Dakota.

April 5, 1973.

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, Jr., New York City, for defendant and respondent.

HANSON, Justice.

Supplemental Opinion

In an opinion rendered by this Court on September 26, 1972, the constitutionality of the South Dakota abortion statute, SDCL 22-17-1, was sustained. See State v. Munson, M.D., 86 S.D. ___, 201 N.W.2d 123. Thereafter, defendant appealed said cause to the United States Supreme Court.

On March 27, 1973, the United States Supreme Court, ___ U.S. ___, 93 S.Ct. 1416, 35 L...

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