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STATE v. POTTER

No. 10937.

197 N.W.2d 17 (1972)

STATE of South Dakota, Plaintiff and Respondent, v. Jerry POTTER, Defendant and Appellant.

Supreme Court of South Dakota.

May 2, 1972.

Attorney(s) appearing for the Case

Michael B. DeMersseman, of Gunderson, Farrar, Aldrich, Warder & DeMersseman, Rapid City, for defendant and appellant.

Gordon Mydland, Atty. Gen., Leonard E. Andera, Sp. Asst. Atty. Gen., David Stanton, Asst. Atty. Gen., Pierre, Charles Mickel, Asst. State's Atty., Rapid City, for plaintiff and respondent.

HANSON, Presiding Judge.

The jury found defendant guilty of selling marijuana as charged in Count II of the Information: "That the Defendant, Jerry Potter, at Rapid City, in said Pennington County, State of South Dakota, on or about the 7th day of January, A.D.1970, then and there * * * unlawfully, and feloniously did sell a narcotic drug, to-wit: Marihuana (Cannabis sativa L.) to one Donald P. Schmidt, in violation of SDCL 1967 39-16-3, and Contrary to the form of...

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