State v. Piekkola

241 N.W.2d 563 (1976)

STATE of South Dakota, Appellant,

v.

Kenneth PIEKKOLA, Respondent.

No. 11669.

Supreme Court of South Dakota.

April 23, 1976.

William J. Janklow, Atty. Gen., Doyle D. Estes, Asst. Atty. Gen., Pierre, for appellant.

Thomas E. Carr, of Stephens, Quinn, Carr & Tschetter, P.C., Belle Fourche, for respondent.

WINANS, Justice.

A state statute under which Defendant-Respondent had been convicted was declared by this Court to be unconstitutional. Defendant petitioned the lower court to return to him the fine and the court costs imposed on and paid out by him upon his guilty plea, this…