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STATE v. CUMMINGS

No. 12044.

262 N.W.2d 56 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Elmer John CUMMINGS, Defendant and Appellant.

Supreme Court of South Dakota.

January 25, 1978.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, on the brief, William J. Janklow, Atty. Gen., Pierre, for plaintiff and respondent.

David V. Vrooman, Sioux Falls, for defendant and appellant.

WOLLMAN, Justice.

Defendant has appealed from his conviction on a charge of possession of slot machines. SDCL 22-25-13. We affirm.

In the early morning hours of February 26, 1975, defendant's eastbound rental truck was stopped by a state trooper on Interstate 90 near Mitchell and defendant was cited for failing to display headlights. Defendant informed the officer that he had had generator problems but refused to grant the officer permission to examine the...

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