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STATE v. DELFS

No. 15262.

396 N.W.2d 749 (1986)

STATE of South Dakota, Plaintiff and Appellant, v. Carroll L. DELFS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 19, 1986.

Rehearing Denied December 11, 1986.

Attorney(s) appearing for the Case

Craig M. Eichstadt, Asst. Atty. Gen., Pierre, On the brief: Mark V. Meierhenry, Atty. Gen., Pierre, for plaintiff and appellant.

James E. McCulloch, Minick, Nelson & McCulloch, Vermillion, for defendant and appellee.

SABERS, Justice.

The magistrate court granted the State's motion for mistrial without prejudice, due to alleged juror misconduct during voir dire. On appeal to the circuit court, the order was modified and the mistrial was granted with prejudice. We reverse and reinstate the magistrate court order.

Facts

Carroll L. Delfs (Delfs), was arrested for driving while intoxicated (DWI) on October 12, 1984...

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