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MATTER OF KOZAK

No. 12204.

256 N.W.2d 717 (1977)

In the Matter of the Application for a Writ of Habeas Corpus for Ronald KOZAK.

Supreme Court of South Dakota.

July 27, 1977.

Attorney(s) appearing for the Case

Brent A. Wilbur, Asst. Atty. Gen., Pierre, for respondent State of South Dakota; William J. Janklow, Atty. Gen., Pierre, on the brief.

Charles A. Wolsky, Vermillion, for appellant Ronald Kozak.

Stephen L. Pevar, Denver, Colo., John H. Davidson, Jr., Vermillion, for amicus curiae American Civil Liberties Union.

ZASTROW, Justice.

This is an appeal from the order of the circuit court quashing its writ of habeas corpus. Because of the nature of the issues, we have expedited this appeal.

The petitioner, Ronald Kozak, and two companions were arrested in Vermillion, South Dakota, on December 9, 1976. On December 10, 1976, he was arraigned on a preliminary complaint charging him with attempted grand larceny, grand larceny and third degree burglary. Bail was set at $15,000...

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