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STATE v. EIDAHL

No. 17641.

486 N.W.2d 257 (1992)

STATE of South Dakota, Plaintiff and Appellant, v. Catherine J. EIDAHL, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 10, 1992.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Jeffrey Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellant.

Douglas G. Fosheim of Fosheim & Haberstick, Huron, for defendant and appellee.

SRSTKA, Circuit Judge.

After a preliminary hearing binding Catherine J. Eidahl (Eidahl) over to circuit court on a complaint alleging that she committed the offense of "Driving or Controlling Vehicle with Alcohol in Blood," SDCL 32-23-1(1), the circuit court dismissed the case upon Eidahl's motion. We vacate the order of dismissal and remand the case to magistrate court for further proceedings.

FACTS

On May 12, 1991, Officer Gayle Kludt of the Huron...

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