Legal Opinion

State v. Lowther

South Dakota Supreme Court

Decided January 11, 1989No. 15984PublishedCited by 41 opinions

1Opinion of the Court

WUEST, Chief Justice.

Defendant, Dean Lowther, appeals his conviction of second degree arson and burning to defraud an insurer, contrary to SDCL 22-33-21 and SDCL 22-33-4,2 respectively. We affirm.

On January 1, 1986, fire destroyed defendant’s mobile home located in Vermillion, South Dakota. A subsequent investigation by Deputy State Fire Marshall Darrell Fodness (Fodness) and Vermillion Fire Chief Doug Brunick (Brunick) determined the cause of the fire to be a small electric fan. During this investigation, defendant’s fire-damaged mobile home was searched, physical evidence was seized,…

2Cases cited36 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Michigan v. CliffordSupreme Court of the United States · 1984
  3. United States v. Calvin GriffinCourt of Appeals for the Seventh Circuit · 1976
  4. United States v. John Buettner-JanuschCourt of Appeals for the Second Circuit · 1981
  5. State v. DokkenSouth Dakota Supreme Court · 1986

31 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Dennis Lufkins v. Walter Leapley, Warden of the South Dakota State Penitentiary Mark Barnett, Attorney General for the State of South DakotaCourt of Appeals for the Eighth Circuit · 1992
  2. State v. SmithSouth Dakota Supreme Court · 1999
  3. State v. ThompsonSouth Dakota Supreme Court · 1997
  4. State v. KarlenSouth Dakota Supreme Court · 1999
  5. State v. SchwartzSouth Dakota Supreme Court · 2004

36 more not listed; retrieve them via the Exa API.

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