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STATE v. WATERS

No. 17326.

472 N.W.2d 524 (1991)

STATE of South Dakota, Plaintiff and Appellant, v. Arthur Earl WATERS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 17, 1991.

Rehearing Denied August 27, 1991.

Attorney(s) appearing for the Case

Mark W. Barnett, Atty. Gen., Scott Bogue, Asst. Atty. Gen., Pierre, for plaintiff and appellant.

David R. Wurm, Office of Public Defender, Rapid City, for defendant and appellee.

PER CURIAM.

ACTION

State appeals from an order dismissing a criminal complaint, without prejudice to refile, against Arthur Earl Waters.

FACTS

Between June 18 and 22, 1990, Waters helped Irene Williams move from Custer to Rapid City. State alleges that Waters stole two guns from Irene Williams' belongings during the move and subsequently pawned them. On August 27, 1990, State charged Waters with Grand Theft under SDCL 22-30A-1 and 22-30A...

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