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STATE v. HERMANDSON

No. 10497.

169 N.W.2d 255 (1969)

STATE of South Dakota, Plaintiff and Respondent, v. Gust HERMANDSON and Maynard Rinkley, Defendants and Appellants.

Supreme Court of South Dakota.

July 3, 1969.

Attorney(s) appearing for the Case

Roy A. Nord, Madison, Mumford, Protsch & Sage, Howard, for defendants and appellants.

Frank L. Farrar, Atty. Gen. and Thomas R. Vickerman, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

BIEGELMEIER, Presiding Judge.

The complaint (SDC 1960 Supp. 34.1501) charges that defendants did on November 6, 1966:

"unlawfully throw and cast the rays of a vehicle headlight upon the highway in an area wherein big game may reasonably be expected to be while having in their possession and under their control a firearm, to-wit: a Ruger .22 caliber semi automatic rifle whereby any big game could be killed which...

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