89 S.D. 280 - State v. Barr

How this case has been cited

Cited by 27 later decisions — most recently December 2021 · most notably State v. Brammer (1981), State v. Hartman (1977)

27 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

DUNN, Chief Justice

¶1(concurring specially).

¶2I would concur in the results of the decision; however, I feel that State v. Matteson, 1973, 87 S.D. 216, 205 N.W.2d 512, at page 514, made it clear that the defective title could not be challenged for any criminal offense committed after July 1, 1972:

“After a statute has been reenacted as part of the Code, ‘it is no longer subject to assault because of a claimed defect in the title to the original Act when it was enacted by the legislature’, (citation omitted) Therefore, after Chapter 229, Laws of 1970 became part of our Code its defective title could not be challenged for any criminal offense committed on or after July 1, 1972.”

¶3This crime was committed on August 15, 1973, and the act is not subject to challenge as of that date. I would hold that SDCL. 2-16-15 supports this decision on its face and does not affect any criminal action commenced after July 1, 1972.

¶4Further, in my opinion, we are in no way punishing conduct which occurred before the act was passed (1970) or before it was codified (July 1, 1972). Thus, a discussion of ex post facto laws is not necessary or appropriate.