Legal Opinion

State v. Smith

South Dakota Supreme Court

Decided March 8, 1974No. 11161PublishedCited by 20 opinions

1Opinion of the Court

DOYLE, Justice.

The defendant was convicted in justice court of a violation of SDCL 40-20-4 1 and fined pursuant to SDCL 40-21-22. 2 Upon a stipulation of facts he appealed to circuit court where his conviction was affirmed. There is no dispute that the defendant was in violation of SDCL 40-20-4. The purpose of his appeal is to challenge the constitutionality of the statutory scheme of the following:

1. SDCL 40-18-1 which creates and provides for the appointment of the members of the State Brand Board.

2. SDCL 40-18-9, 40-18-10, 40-18-14 and 40-18-15 which allow the board to contract with the…

2Cases cited4 opinions

  1. Central Lumber Co. v. South DakotaSupreme Court of the United States · 1912
  2. Schryver v. SchirmerSouth Dakota Supreme Court · 1969
  3. Tooz v. StateNorth Dakota Supreme Court · 1949
  4. State v. ReedSouth Dakota Supreme Court · 1954

3Cited by20 opinions

  1. First National Bank of Minneapolis v. Kehn Ranch, Inc.South Dakota Supreme Court · 1986
  2. City of Aberdeen v. MeidingerSouth Dakota Supreme Court · 1975
  3. Matter of Certain Territorial Elec. Boundaries, Etc.South Dakota Supreme Court · 1979
  4. County of Tripp v. StateSouth Dakota Supreme Court · 1978
  5. Associated General Contractors of South Dakota, Inc. v. SchreinerSouth Dakota Supreme Court · 1992

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