State v. Koerner

KONENKAMP, Justice.

[¶ 1.] In this intermediate appeal we review a magistrate judge’s interpretation of certain statutes governing cremation and disposal of human remains. We affirm in part and reverse in part.

Background

[¶ 2.] Arlo R. Koerner and his wife, Angela L. Koerner, lived with their children on a farm in rural Hutchinson County, South Dakota, about nine miles from Freeman. In September 1998, someone in Angela’s extended family reported her missing. As part of their investigation, law enforcement officers obtained a search warrant to look for her at the Koerner farmstead. When the…