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STATE v. MAX

No. 11896.

263 N.W.2d 685 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Armand MAX, Defendant and Appellant.

Supreme Court of South Dakota.

March 20, 1978.

Attorney(s) appearing for the Case

Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Steven M. Johnson and John R. Kabeiseman, of Brady, Kabeiseman & Reade, Yankton, for defendant and appellant.

PORTER, Justice (on reassignment).

CASE SUMMARY

This is an appeal from a judgment upon a conviction of assault with a dangerous weapon without the intent to kill. SDCL 22-18-11.1 Defendant-appellant's conviction resulted from a shooting incident, when shots were fired into the street from a residence in Yankton, South Dakota. Defendant asserts error in the denial of his motion to suppress a sawed-off .22 caliber rifle, spent...

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