State v. Reggio

RENTTO, Judge.

The question presented on this appeal is whether an information must be dismissed because evidence obtained by an illegal search and seizure was introduced at the preliminary examination which was the basis for holding the defendant to answer the charge therein alleged.

When a quantity of cigarettes stolen from a retail store in Yankton, South Dakota, were discovered and seized in a search of the room which defendant shared with another, he was arrested and charged with the crime of grand larceny. He demanded a preliminary hearing which was held before the judge of the municipal…