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STATE v. NEVILLE

No. 13260.

346 N.W.2d 425 (1984)

STATE of South Dakota, Plaintiff and Appellant, v. Mason Henry NEVILLE, Defendant and Appellee.

Supreme Court of South Dakota.

On Rehearing March 14, 1984.

Attorney(s) appearing for the Case

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

David R. Gienapp of Arneson, Issenhuth & Gienap, Madison, for defendant and appellee.

MORGAN, Justice (on rehearing).

This case is before this court on remand from the United States Supreme Court. South Dakota v. Neville, 459 U.S. ___, 103 S.Ct. 916, 74 L.Ed.2d 748 (1983). State appealed a state circuit court order suppressing evidence of appellant Mason Henry Neville's (Neville) refusal to submit to a blood-alcohol test and we affirmed. State v. Neville, 312 N.W.2d 723

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