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STATE v. REATH

No. 23048.

673 N.W.2d 294 (2003)

2003 SD 144

STATE of South Dakota, Plaintiff and Appellant, v. William Loc REATH, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 17, 2003.

Attorney(s) appearing for the Case

David R. Nelson, Minnehaha County State's Attorney, Paul M. Bengford, Deputy State's Attorney, Sioux Falls, SD, for plaintiff and appellant.

John Hinrichs of Office of Minnehaha County Public Defender, Sioux Falls, SD, for defendant and appellee.

PER CURIAM.

[¶ 1.] In this criminal case, the State attempts to appeal from a judgment of acquittal entered by the trial court following the close of the State's case-in-chief. Because this Court is without jurisdiction to hear an appeal from a judgment of acquittal, the appeal is dismissed.

FACTS AND PROCEDURE

[¶ 2.] William Loc Reath was charged with possession of a forged instrument with intent to defraud in violation of SDCL 22-39-38...

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