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STATE v. HORST

No. 18054.

504 N.W.2d 862 (1993)

STATE of South Dakota, Plaintiff and Appellant, v. Greg Eugene HORST, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 11, 1993.

Attorney(s) appearing for the Case

Mark W. Barnett, Atty. Gen., Frank Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellant.

Steven R. Binger, Sioux Falls, for defendant and appellee.

WUEST, Justice.

ACTION

The State of South Dakota appeals from a circuit court order dismissing an appeal filed in circuit court on the grounds that the appeal was filed with the wrong court. We affirm.

FACTS

An information was filed in the magistrate division of the circuit court in the Second Judicial Circuit charging Greg Eugene Horst (Horst) with driving while under the influence of alcoholic...

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