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STATE v. SMITH

No. 11161.

216 N.W.2d 149 (1974)

STATE of South Dakota, Plaintiff and Respondent, v. Orville SMITH, Defendant and Appellant.

Supreme Court of South Dakota.

March 8, 1974.

Attorney(s) appearing for the Case

N. Dean Nasser, Jr., Asst. Atty. Gen., Pierre, for plaintiff and respondent; Kermit A. Sande, Atty. Gen., Julian H. Brown, Neil Carsrud, David O. Carter, Asst. Attys. Gen., Pierre, Mick Grossenburg, State's Atty., Tripp County, on brief.

John J. Simpson, Winner, for defendant and appellant.

DOYLE, Justice.

The defendant was convicted in justice court of a violation of SDCL 40-20-41 and fined pursuant to SDCL 40-21-22.2 Upon a stipulation of facts he appealed to circuit court where his conviction was affirmed. There is no dispute that the defendant was in violation of SDCL 40-20-4. The purpose of his appeal is to challenge the constitutionality of the...

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