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STATE v. PHINNEY

No. 14308.

348 N.W.2d 466 (1984)

STATE of South Dakota, Plaintiff and Appellee, v. Brian PHINNEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 9, 1984.

Attorney(s) appearing for the Case

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

James D. Taylor of Tinan, Padrnos, Smith & Saukerson, Mitchell, for defendant and appellant.

HENDERSON, Justice.

HISTORY OF ACTION

This is a criminal appeal from the denial of a motion to suppress and a judgment of conviction for unlawful telephone calls entered by the Circuit Court, Fourth Judicial Circuit, on August 2, 1983. We affirm.

Appellant Brian Phinney was prosecuted for violation of SDCL 49-31-31, which forbids a variety of unlawful telephone calls, the information being filed May 6, 1983. A motion to suppress certain telephone...

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