STATE v. SPRINGER-ERTL

No. 19913.

570 N.W.2d 39 (1997)

1997 SD 128

STATE of South Dakota, Plaintiff and Appellant, v. Debra Fay SPRINGER-ERTL, Defendant and Appellee.

Supreme Court of South Dakota.

November 5, 1997.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, for plaintiff and appellant.

James D. Leach of Viken, Viken, Pechota, Leach & Dewell, Rapid City, for defendant and appellee.


SABERS, Justice

[¶ 1.] The circuit court judge, sitting as a committing magistrate at preliminary hearing, found probable cause to bind the defendant over for trial on charges of attempting to influence jurors. Approximately one month later, the circuit court judge concluded there was no probable cause and dismissed the information. State appeals, claiming lack of probable cause is not appropriate grounds for dismissal. We reverse and remand for trial.

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