STATE v. McCANN

No. 14379.

354 N.W.2d 202 (1984)

STATE of South Dakota, Plaintiff and Appellee, v. Clifford McCANN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 5, 1984.


Attorney(s) appearing for the Case

Thomas Harmon, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Max A. Gors of Gors & Braun, Pierre, for defendant and appellant.


HENDERSON, Justice.

This is an appeal from an order of the Circuit Court, Sixth Judicial Circuit, dated September 27, 1983, affirming a judgment and sentence for littering issued by the Magistrate Court, July 18, 1983. Appellant was sentenced to ten days in jail and fined $38.00 plus law enforcement training fund costs of $12.00. The circuit court suspended the jail sentence, but affirmed the fine. We reverse.

On July 7, 1983, Officer Bob Prieksat, using a...

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