STATE v. KANDARAS FOR SENATE COM.

No. 12262.

264 N.W.2d 902 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. KANDARAS FOR SENATE COMMITEE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 12, 1978.


Attorney(s) appearing for the Case

R. Van Johnson, Asst. Atty. Gen., William J. Janklow, Atty. Gen., Pierre, on brief, for plaintiff and respondent.

Homer Kandaras, Rapid City, for defendant and appellant.


DUNN, Chief Justice.

On April 11, 1977, the Kandaras for Senate Committee was convicted by a jury in the Sixth Judicial Circuit of failing to file a preelection statement on the seventh day prior to the November 2, 1976 election and fined $100. The Committee appeals its judgment of conviction. We reverse.

The facts are undisputed. On Saturday, October 23, 1976, ten days prior to the election, the treasurer of the Committee prepared a report as required by...

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