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STATE v. WIELGUS

No. 12424.

278 N.W.2d 805 (1979)

STATE of South Dakota, Plaintiff and Appellant, v. Steven Francis WIELGUS, Jr. and Jeanie Kristine Wielgus, Defendants and Respondents.

Supreme Court of South Dakota.

May 17, 1979.

Attorney(s) appearing for the Case

Charles L. Dorothy, Asst. State's Atty., Minnehaha County, Sioux Falls, for plaintiff and appellant; William J. Janklow, Atty. Gen., Pierre, on brief.

Robert J. Burns of Burns & Hagen, Sioux Falls, for defendant and respondent Steven Francis Wielgus, Jr.

David L. Knudson of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and respondent Jeanie Kristine Wielgus.

WOLLMAN, Chief Justice (on reassignment).

This is an appeal from an order suppressing evidence seized from defendants' apartment on June 10, 1977, pursuant to a search warrant. The state appeals. We reverse.

One of the two affidavits presented to the magistrate in support of the search warrant was executed by Officer Chris Rallis. This affidavit relates that one Larry Montileaux, who was arrested for attempting to sell marijuana on September 28, 1976, had...

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