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STATE v. DuBOIS

No. 12681.

286 N.W.2d 801 (1979)

STATE of South Dakota, Plaintiff and Appellant, v. Daniel J. DuBOIS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 24, 1979.

Attorney(s) appearing for the Case

Rodney C. Lefholz, Pennington County Deputy State's Atty., Rapid City, for plaintiff and appellant; Lori Wilbur, Asst. Atty. Gen., and Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Allen G. Nelson, of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellee; Ronald Clabaugh, of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, on the brief.

DOBBERPUHL, Circuit Judge.

Plaintiff, State of South Dakota, has appealed from an order of the Circuit Court, Seventh Judicial Circuit, that granted defendant's motion to suppress certain evidence. Defendant, Daniel DuBois, was charged with the crime of first-degree manslaughter. We reverse and remand.

Defendant is a Sergeant in the United States Air Force. He joined the Air Force on June 2, 1972, has been in the service since that time, and presently plans...

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