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STATE v. KLAGER

No. 25609.

797 N.W.2d 47 (2011)

2011 S.D. 12

STATE of South Dakota, Plaintiff and Appellee, v. William C. KLAGER, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned February 1, 2011.

Decided March 30, 2011.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Craig M. Eichstadt , Assistant Attorney General and Richard J. Neill , Special Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellee.

H.I. King of Tonner, Tobin & King, LLP, Aberdeen, SD, Attorneys for defendant and appellant.

ZINTER, Justice (on reassignment).

[¶ 1.] For more than eighty-five years, South Dakota has regulated the business of taxidermy. The regulatory scheme has consistently required licensure, recordkeeping, and the production of statutorily enumerated records during normal business hours. A licensed taxidermist was convicted of refusing to produce the required records, a violation of SDCL 41-6-33.1 He challenged his conviction alleging...

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