# State v. Rufener

> South Dakota Supreme Court · September 30, 1986 · 392 N.W.2d 424

URL: https://www.frixlaw.com/law-library/cases/9690110

## Case

- **Full name:** STATE of South Dakota, Plaintiff and Appellee, v. Eugene RUFENER, Defendant and Appellant
- **Court:** South Dakota Supreme Court
- **Decided:** September 30, 1986
- **Citations:** 392 N.W.2d 424
- **Precedential status:** Published
- **Opinion:** Concurrence by Wuest
- **Judges:** Fosheim, Morgan, Wuest, Henderson, Sabers
- **Cited by:** 54 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Modified in part by State v. Rufener, 1987 S.D. LEXIS 238 (1987).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9690110

## How later opinions describe it (automated extraction)

- noting that evidence of the defendant acting in conformity with prior unproven acts should be prohibited under SDCL 19-12-5

## Opinion text

WUEST, Justice
(concurring specially).
The State should not have offered evidence of the firearm and marijuana found in the car. The court should not have admitted it, although the defense objection was too general. If the evidence of guilt was not so strong, I would probably vote to reverse. However, given the totality of the evidence, I concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9690110. Public record. Not legal advice.