South Dakota Supreme Court December 29, 2004, None (State v. Johnson)

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PER CURIAM.

[¶ 1.] The Lawrence County States Attorney appeals the appointment of two separate judges to preside over the criminal trials of Herman L. Johnson, Senior and Herman L. Johnson, Junior, contending such appointments were void from the beginning and improperly severed the trial of these defendants.

FACTS

[¶ 2.] Herman L. Johnson, Senior, (hereinafter Senior) and Herman L.