STATE v. HIRSCH

No. 13302.

309 N.W.2d 832 (1981)

STATE of South Dakota, Plaintiff and Appellant, v. Roger HIRSCH, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 2, 1981.


Attorney(s) appearing for the Case

Grant E. Gormley, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Ronald R. Johnson of Johnson & Kelley, Lemmon, for defendant and appellee.


WOLLMAN, Chief Justice.

The State appeals from an order dismissing a criminal prosecution brought by the State against appellee for the crime of driving while under the influence of an alcoholic beverage in violation of SDCL 32-23-1(2). We reverse and remand.

On August 14, 1980, a city of Lemmon police officer was called to the scene of an automobile accident at the junction of U.S. Highway 12 and South Dakota Highway 73, approximately one-half mile west of...

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