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STATE v. JOHNSON

No. 10755.

173 N.W.2d 894 (1970)

STATE of South Dakota, Plaintiff, v. Albert JOHNSON, a/k/a Albert Staltmanis, Defendant.

Supreme Court of South Dakota.

January 23, 1970.

Attorney(s) appearing for the Case

Gordon Mydland, Atty. Gen., Leonard E. Andera, Asst. Atty. Gen., Pierre, for plaintiff.

David V. Vrooman, Sioux Falls, for defendant.

PER CURIAM.

By an information filed in the Circuit Court of Minnehaha County, the defendant was charged with selling or delivering to "Thomas Sorenson two (2) capsules containing a hallucinogenic drug, * * * Lysergic Acid Diethylamide, commonly known as LSD, * * *" in violation of the provisions of Chapter 95 of the 1968 Session Laws for the State of South Dakota.

By demurrer the defendant asserts that Section 1(d) (3) of Chapter 95, Session Laws 1968, now...

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