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STATE v. STARKEY

No. 11808.

247 N.W.2d 493 (1976)

STATE of South Dakota, Plaintiff and Appellant, v. Terry Allen STARKEY, Defendant and Respondent.

Supreme Court of South Dakota.

December 10, 1976.

Attorney(s) appearing for the Case

Harry W. Christianson, Asst. Atty. Gen., Pierre, for plaintiff and appellant; William J. Janklow, Atty. Gen., Pierre, on the brief.

Ronald R. Johnson, Johnson & Kelley, Lemmon, submitted on briefs without oral argument, for defendant and respondent.

WOLLMAN, Justice.

Defendant was charged with possessing one ounce or less of marijuana. We granted the state permission to take an intermediate appeal from the trial court's pretrial order suppressing certain evidence.

At about 6:30 p. m., May 8, 1975, the chief of police of Lemmon, South Dakota, heard the sound of spinning tires and observed an automobile swerve out of an alley onto a street in downtown Lemmon. The officer stopped the automobile, which was...

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