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RAPID CITY JOURNAL CO. v. CIRCUIT COURT

No. 12960.

286 N.W.2d 125 (1979)

RAPID CITY JOURNAL COMPANY, a corporation, Petitioner, v. The CIRCUIT COURT OF the EIGHTH JUDICIAL CIRCUIT WITHIN AND FOR LAWRENCE COUNTY, South Dakota and the Honorable R. E. Brandenburg, Judge of Said Court, Respondents.

Supreme Court of South Dakota.

December 19, 1979.

Attorney(s) appearing for the Case

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for petitioner.

R. E. Brandenburg, pro se.

MORGAN, Justice.

This proceeding arises out of the action of a circuit judge, acting as a committing magistrate (magistrate), in closing to the public and the press a preliminary hearing scheduled for two defendants charged with murder in the case of State v. John Archambault and Garland Gregory. Upon motion of counsel for the defendants, joined in by the prosecution, the magistrate announced that he intended to clear the courtroom. Petitioner's reporter, who...

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