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STATE v. SCHLADWEILER

No. 16223.

436 N.W.2d 851 (1989)

STATE of South Dakota, Plaintiff and Appellant, v. James E. SCHLADWEILER and David Schladweiler, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 1, 1989.

Attorney(s) appearing for the Case

Douglas N. Papendick, Davison County State's Atty., Mitchell, for plaintiff and appellant.

Rick Johnson of Johnson, Eklund & Davis, Gregory, for defendant and appellee James E. Schladweiler.

Chris A. Nipe of Bridgman, Larson & Nipe, Mitchell, for defendant and appellee David Schladweiler.

MILLER, Justice.

In this case, the State of South Dakota appeals the circuit court's dismissal of an indictment with prejudice. We hold (1) that the trial court did not abuse its discretion in denying State a continuance in order to prepare for defense pretrial motions and (2) that the trial court erred in dismissing the indictment with prejudice. We affirm in part, reverse in part, and remand.

FACTS

Appellees...

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