Legal Opinion

State v. Kieffer

South Dakota Supreme Court

Decided March 10, 1922No. File No. 5083PublishedCited by 8 opinions

Appeal from Circuit Court, Aurora County. Hon. Frank B. Smith, Judge. Special proceeding in which the State of ’South Dakota is plaintiff and Joe Kieffer is designated “defendant;” Wood Smith, J. F. 'Donegan, and D. K. Barrett being designated on appeal as “Appellants.”

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Appeal from Circuit Court, Aurora County. Hon. Frank B. Smith, Judge. Special proceeding in which the State of ’South Dakota is plaintiff and Joe Kieffer is designated “defendant;” Wood Smith, J. F. 'Donegan, and D. K. Barrett being designated on appeal as “Appellants.” From an order requiring appellants to return property seized in the proceeding under search warrant, to1 defendant, and to the effect that it should not be used as evidence against him in a criminal prosecution for unlawfully selling intoxicating liquors, said “appellants” appeal. Upon motion to dismiss appeal; (5) Under point…

1Opinion of the CourtWhiting, J.

The notice of appeal herein is entitled as is this opinion. The parties named as appellants seek a review of an order made and entered by the circuit court of Aurora county. The record discloses the following facts: In October, 1921, a written application for a search warrant was executed by one Wood Smith and presented to a justice of the peace of Aurora county. Such application was entitled, “State -of South Dakota, Plaintiff, v. Joe Kieffer, Defendant.” A warrant was issued. Under such warrant, appellants Donegan, as sheriff, and Smith, as deputy state sheriff, seized certain personal…

2Cited by8 opinions

  1. State v. Waubun Nuwi Nini ( 11671)South Dakota Supreme Court · 1978
  2. State v. KiefferSouth Dakota Supreme Court · 1924
  3. State v. ErbSupreme Court of Iowa · 1947
  4. State v. WaldnerSouth Dakota Supreme Court · 2024
  5. Johnson v. SwansonSouth Dakota Supreme Court · 1926

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