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STATE v. SMITH

No. 12567.

281 N.W.2d 430 (1979)

STATE of South Dakota, Plaintiff and Respondent, v. William P. SMITH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 11, 1979.

Attorney(s) appearing for the Case

Kevin F. Manson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Judd Golden, Des Moines, Iowa, for defendant and appellant; Michael A. Lyons, Sioux Falls, on brief.

DUNN, Justice.

Defendant William P. Smith appeals from his conviction in the Circuit Court of the Second Judicial Circuit of possession of marijuana in violation of the Drugs and Substances Control Act embodied in SDCL 39-17.1 We affirm.

On July 20, 1977, Smith was arrested by detectives of the Sioux Falls Police Department, and his truck and its contents were impounded. An affidavit was then executed for a search warrant for the...

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