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STATE v. MORRISON

No. 14208.

341 N.W.2d 635 (1983)

STATE of South Dakota, Plaintiff and Appellant, v. Ed MORRISON, Ralph Fiedler, and Steve Kerns, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 21, 1983.

Attorney(s) appearing for the Case

Mikal G. Hanson, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Gary G. Colbath of Banks & Johnson, P.C., Rapid City, for defendants and appellees.

HENDERSON, Justice.

PROCEDURAL HISTORY

On November 20, 1982, appellees Morrison, Fiedler, and Kerns were charged with violating SDCL 41-8-17 by illegally hunting with a spotlight. A preliminary hearing ensued on February 14, 1983. Appellees filed Motions to Dismiss on April 6, 1983. The circuit court granted appellees' motions and filed a memorandum decision on April 14, 1983. Essentially, the circuit court found SDCL 41-8-17 void because it appeared to...

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