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STATE v. JOHNSON

No. 10126.

130 N.W.2d 106 (1964)

STATE of South Dakota, Plaintiff and Appellant, v. Hubert Elwood JOHNSON, Defendant and Respondent.

Supreme Court of South Dakota.

August 28, 1964.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., Alan Williamson, Asst. Atty. Gen., Pierre, Robert C. Bakewell, Jr., State's Atty., Custer, for plaintiff and appellant.

Norman K. Blatchford, Hot Springs, for defendant and respondent.

ROBERTS, Judge.

Defendant was charged by an information with the crime of operating a motor vehicle while under the influence of alcoholic liquor alleged to have been committed on June 26, 1963, on U. S. Highway 385 in Wind Cave National Park. Defendant maintains that the state courts have no jurisdiction since the Park was at the time of the commission of the alleged offense within the federal criminal jurisdiction. From a judgment setting aside the information and...

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