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STATE v. POWLESS

Nos. 12043 and 12071.

265 N.W.2d 143 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Mark A. POWLESS, Philip Bautista and James Fredrick War Bonnet, Defendants and Appellants. STATE of South Dakota, Plaintiff and Respondent, v. Herbert G. POWLESS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 20, 1978.

Rehearing Denied May 24, 1978.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., and Harry W. Christianson, Asst. Atty. Gen., Pierre, on brief.

John T. Elston, Hot Springs, Christopher D. Stanley, Cleveland, Ohio, for defendants and appellants, Philip Bautista, Mark Powless and James Fredrick War Bonnet.

Russell D. Kading, Sioux Falls, Dennis P. Coffey of Coffey & Coffey, Milwaukee, Wis., for defendant and appellant, Herbert G. Powless.

WINANS, Retired Justice.*

All four defendants were convicted of violating SDCL 22-14A-14, possession of explosives by a felon, by a judge of the Seventh Judicial Circuit in a trial to the court. They raise questions as to the sufficiency of the evidence, the legality of the search and seizure, denial of their right to a speedy trial and lack of jurisdiction. We affirm the convictions.

On March 1, 1975, about 1:40 p. m., State Trooper...

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