South Dakota Ass'n of Tobacco & Candy Distributors v. State Ex Rel. Department of Revenue

MORGAN, Justice.

This is an appeal from a declaratory judgment of the Circuit Court for the Sixth Judicial Circuit, Hughes County, which declared Section 253 of Chapter 190 of the 1977 South Dakota Session Laws to be unconstitutional in that said section is a violation of Article III, § 21 of the South Dakota Constitution, 1 and from the ensuing judgment for mandamus and peremptory writ of mandamus. We affirm.

During the 1976 and 1977 sessions of the South Dakota Legislature, that body revised this state’s statutory scheme in the area of crimes and criminal procedure. One of the major changes…