STATE v. BENALLIE

No. 19885.

570 N.W.2d 236 (1997)

1997 SD 118

STATE of South Dakota, Plaintiff and Appellee, v. Lorenzo BENALLIE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 15, 1997.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, Pierre, for Plaintiff and Appellee.

Paul E. Jensen of Jensen and Massa, Winner, and Anne Crowson Plooster, White River, for Defendant and Appellant.


MILLER, Chief Justice.

[¶ 1.] Defendant Lorenzo Benallie appeals his conviction of second-degree murder arising out of a stabbing incident on April 1, 1996 in White River, South Dakota. He asserts that the warrantless search of the trailer house in which he resided was unlawful because law enforcement did not rely on proper consent to search. He also argues that evidence taken from his person was obtained from an unlawful search and, further, that since two of...

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