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STATE v. HOLWAY

Nos. 22075, 22079.

644 N.W.2d 624 (2002)

2002 SD 50

STATE of South Dakota, Plaintiff and Appellee, v. Thomas HOLWAY and Ellie Holway, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 1, 2002.

Attorney(s) appearing for the Case

Mark W. Barnett, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

John R. Murphy, Rapid City, South Dakota, Attorney for defendant and appellant Thomas Holway.

Eric D. Whitcher, Rapid City, South Dakota, Attorney for defendant and appellant Ellie Holway.

GILBERTSON, Chief Justice.

[¶ 1.] Thomas Holway and his ex-wife, Ellie Holway, were co-defendants tried together and convicted of three counts of delivery of drug paraphernalia in violation of SDCL 22-42A-4 and SDCL 22-3-3. The Holways allege a violation of procedural due process by claiming SDCL 22-42A-4 is unconstitutionally vague. Both defendants also appeal the sufficiency of the evidence as it relates to their intent to sell the smoking devices to contain...

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