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STATE v. KOERNER

Nos. 20980, 21002.

603 N.W.2d 718 (1999)

1999 SD 161

STATE of South Dakota, Plaintiff and Appellant, v. Arlo R. KOERNER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 29, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Paul Cremer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Kenneth D. Bertsch of Bertsch Law Office Menno, South Dakota, Attorney for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In this intermediate appeal we review a magistrate judge's interpretation of certain statutes governing cremation and disposal of human remains. We affirm in part and reverse in part.

Background

[¶ 2.] Arlo R. Koerner and his wife, Angela L. Koerner, lived with their children on a farm in rural Hutchinson County, South Dakota, about nine miles from Freeman. In September 1998, someone in Angela's extended family...

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