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STATE v. VANDERMAY

No. 17456.

478 N.W.2d 289 (1991)

STATE of South Dakota, Plaintiff and Appellant, v. Matt VANDERMAY, Defendant and Appellee.

Supreme Court of South Dakota.

December 24, 1991.

Attorney(s) appearing for the Case

John P. Guhin, Deputy Atty. Gen., Pierre, for plaintiff and appellant, Mark Barnett, Atty. Gen., on the brief.

Matt Vandermay, pro se.

AMUNDSON, Justice.

State appeals from trial court's grant of a motion to dismiss for lack of jurisdiction in favor of Matt Vandermay (Vandermay). We reverse and remand.

FACTS

On July 17, 1990, Vandermay, a non-Indian, was apprehended on Jackson County Road No. 63 within the territorial boundaries of the Pine Ridge Indian Reservation. He was charged with operating an overweight vehicle in violation of SDCL 32-22-16. Counsel for Vandermay stated at...

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