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STATE v. FOUNTAIN

No. 18990.

534 N.W.2d 859 (1995)

STATE of South Dakota, Plaintiff and Appellee, v. Chad Allen FOUNTAIN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 26, 1995.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Frank Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Steven R. Binger of Breit and Binger, Sioux Falls, for defendant and appellant.

AMUNDSON, Justice.

Chad Fountain ("Fountain") appeals his conviction for possession of LSD pursuant to SDCL 22-42-5,1 claiming that the third-party consent to search his jacket which contained LSD was unlawful. We affirm.

FACTS

The facts as described here are gleaned from the transcript of the suppression hearing, as no trial was conducted. On the morning of Wednesday, November 10, 1993, the local offices of the Drug...

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