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STATE v. OLGAARD

No. 11750.

248 N.W.2d 392 (1976)

STATE of South Dakota, Plaintiff and Respondent, v. Roger E. OLGAARD and Jack K. Behrens, Defendants and Appellants.

Supreme Court of South Dakota.

December 31, 1976.

Attorney(s) appearing for the Case

Doyle D. Estes, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Glen H. Johnson, of Gunderson, Farrar, Aldrich, Warder, DeMersseman & Johnson, Rapid City, for defendants and appellants.

WOLLMAN, Justice.

Defendants were charged with the unlawful possession of an open container of alcoholic beverage and the unlawful possession of marijuana in a quantity in excess of one ounce after these substances were discovered by a South Dakota highway patrol-man in defendants' vehicle after defendants had been stopped at an Alcohol Safety Action Program (ASAP) roadblock in Volga, South Dakota, at approximately 10:00 p. m., September 27, 1974. The trial court...

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