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STATE v. BOETTCHER

No. 16385.

443 N.W.2d 1 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Kathy BOETTCHER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 28, 1989.

Attorney(s) appearing for the Case

Diane Patrick, Asst. Atty. Gen., on the brief, Roger A. Tellinghuisen, Atty. Gen., Pierre, Roger W. Ellyson, Jr., Codington County State's Atty., Watertown, for plaintiff and appellee.

Rita D. Haverly of Hagen & Wilka, P.C., Sioux Falls, for defendant and appellant.

SABERS, Justice.

This is a discretionary appeal from a pretrial order suppressing evidence of Kathy Boettcher's justification/necessity defense in her prosecution for burglary, assault and childnapping. We reverse.

FACTS

This matter arises out of an ongoing custody dispute over Boettcher's four-year-old daughter, H.T. Boettcher and her husband were divorced in early 1986. Custody of H.T. was awarded to Jack and Millie Thomas, the child's paternal...

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