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STATE v. CLARK

No. 11921.

260 N.W.2d 370 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. James Edward CLARK, Defendant and Appellant.

Supreme Court of South Dakota.

December 7, 1977.

Attorney(s) appearing for the Case

Steven L. Zinter, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Steve Jorgensen of Willy, Pruitt, Matthews & Jorgensen, Sioux Falls, for defendant and appellant.

PER CURIAM.

The proceedings are before this court pursuant to a motion to dismiss the appeal and remand to circuit court for abatement of the proceedings. We grant the motion.

James E. Clark was charged with two sales of methamphetamine to an undercover informant on August 27, 1974 and September 6, 1974. Following his arrest in December 1974, Clark was bound over for trial following a preliminary hearing on January 31, 1975. Following the preliminary hearing...

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