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#25885-a-SLZ 2011 S.D. 90 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA **** STATE OF SOUTH DAKOTA, v. BUCKLY MCCOLL, **** APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT FALL RIVER COUNTY, SOUTH DAKOTA **** THE HONORABLE JEFF W. DAVIS Judge **** MARTY J. JACKLEY Attorney General ANN C. MEYER Assistant Attorney General Pierre, South Dakota Defendant and Appellant. Plaintiff and Appellee,

Attorneys for plaintiff and appellee.

PAUL R. WINTER of Skinner & Winter, Prof. LLC Rapid City, South Dakota ****

Attorneys for defendant and appellant.

CONSIDERED ON BRIEFS ON NOVEMBER 14, 2011 OPINION FILED 12/21/11

#25885 ZINTER, Justice [

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South Dakota Law