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STATE v. OSTER

No. 17745.

495 N.W.2d 305 (1993)

STATE of South Dakota, Plaintiff and Appellee, v. Marvin OSTER, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 27, 1993.

Rehearing Denied February 19, 1993.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Joan Boos Schueller, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Brad A. Schreiber of Quinn, Eiesland, Day & Barker, Belle Fourche, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Appellant, Marvin J. Oster, Jr., was indicted by a grand jury in Butte County on April 25, 1991, for violation of SDCL 22-32-3: Second Degree Burglary. At a motion hearing, he was denied a motion to dismiss the indictment for insufficient indictment and failure to give Miranda warnings. A motion in limine was granted suppressing evidence of prior criminal convictions; however, a motion to suppress Oster...

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