State v. Max

(on reassignment).

CASE SUMMARY

This is an appeal from a judgment upon a conviction of assault with a dangerous weapon without the intent to kill. SDCL 22-18-11. 1 Defendant-appellant’s conviction resulted from a shooting incident, when shots were fired into the street from a residence in Yankton, South Dakota. Defendant asserts error in the denial of his motion to suppress a sawed-off .22 caliber rifle, spent .22 caliber shells, and a window screen with holes resembling bullet holes, obtained in a warrantless search of his apartment by law officers immediately after their forced entry of his…