Legal Opinion

State v. Waters

South Dakota Supreme Court

Decided July 17, 1991No. 17326PublishedCited by 5 opinions

1Per 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-17.

Waters filed a motion to dismiss the complaint and noted the statute he was charged under had been amended. The trial court accepted briefs on the issue and heard oral…

2Cases cited3 opinions

  1. Timmons v. United StatesCourt of Appeals for the Fourth Circuit · 1952
  2. Kulesa v. Department of Public SafetySouth Dakota Supreme Court · 1979
  3. State v. HareSouth Dakota Supreme Court · 1977

3Cited by5 opinions

  1. Schmidt v. RoyerSouth Dakota Supreme Court · 1998
  2. Dittus v. Black Hills Care & Rehab and AvantaraSouth Dakota Supreme Court · 2024
  3. State v. LykkenSouth Dakota Supreme Court · 1992
  4. State v. LykkenSouth Dakota Supreme Court · 1992
  5. State v. OgdenSouth Dakota Supreme Court · 2026

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