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STATE v. MacDONALD

No. 12087.

260 N.W.2d 626 (1977)

STATE of South Dakota, Appellant, v. Russell D. MacDONALD, Respondent.

Supreme Court of South Dakota.

December 30, 1977.

Attorney(s) appearing for the Case

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for appellant; William J. Janklow, Atty. Gen., Pierre, on the brief.

Arlie J. Brende and Steven W. Sanford of Braithwaite & Cadwell, Sioux Falls, for respondent.

MORGAN, Justice.

This is an appeal by the state of the trial court's finding that the arrest of the defendant was invalid. The issue before this Court is whether a chief of police can make a valid arrest of a person outside his municipal jurisdiction when there is probable cause present that the person has committed a misdemeanor in violation of a state statute. The trial court found the arrest unlawful and ordered that any previous Order of Revocation be rescinded...

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