State v. Battese

South Dakota Supreme Court

State v. Battese

186 N.W.2d 883, 85 S.D. 581, 1971 S.D. LEXIS 106

CourtSouth Dakota Supreme Court

DecidedMay 21, 1971

DocketFile No. 10906

StatusPublished

This text of 186 N.W.2d 883 (State v. Battese) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Battese, 186 N.W.2d 883, 85 S.D. 581, 1971 S.D. LEXIS 106 (S.D. 1971).

Pincite

Opinion

HANSON, Judge.

Defendant was arrested and charged with the illegal possession of narcotic drugs. Following a preliminary hearing in the Fall River County Court 'he was bound over to cir[582]*582cuit court for trial. In this habeas corpus proceeding defendant challenges the admissibility of certain evidence and the sufficiency of the evidence presented at the preliminary hearing to hold him for trial.

We find no merit in defendant’s contentions. The challenged exhibits were properly admitted by the committing magistrate and there was sufficient, credible, and competent evidence presented at the preliminary hearing to show there was probable cause the offenses charged had been committed and that defendant committed the same. The writ of habeas corpus was therefore properly quashed.

Affirmed.

All the Judges concur.

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HANSON, Judge.

Defendant was arrested and charged with the illegal possession of narcotic drugs. Following a preliminary hearing in the Fall River County Court 'he was bound over to cir[582]*582cuit court for trial. In this habeas corpus proceeding defendant challenges the admissibility of certain evidence and the sufficiency of the evidence presented at the preliminary hearing to hold him for trial.

We find no merit in defendant’s contentions. The challenged exhibits were properly admitted by the committing magistrate and there was sufficient, credible, and competent evidence presented at the preliminary hearing to show there was probable cause the offenses charged had been committed and that defendant committed the same. The writ of habeas corpus was therefore properly quashed.

Affirmed.

All the Judges concur.

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Bluebook (online)

186 N.W.2d 883, 85 S.D. 581, 1971 S.D. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-battese-sd-1971.