State v. Schladweiler

MILLER, Justice.

In this case, the State of South Dakota appeals the circuit court’s dismissal of an indictment with prejudice. We hold (1) that the trial court did not abuse its discretion in denying State a continuance in order to prepare for defense pretrial motions and (2) that the trial court erred in dismissing the indictment with prejudice. We affirm in part, reverse in part, and remand.

FACTS

Appellees James E. Schladweiler and David Schladweiler (Schladweilers) took a truck into Dick’s Body Shop in Mitchell, South Dakota, for repair work. The repairs were made and the total amount due…