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STATE v. SHEARER

No. 10914.

201 N.W.2d 180 (1972)

STATE of South Dakota, Plaintiff and Respondent, v. John Joseph SHEARER, Defendant and Appellant.

Supreme Court of South Dakota.

October 6, 1972.

Attorney(s) appearing for the Case

Morgan & Fuller, Mitchell, for defendant and appellant.

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

E. Steeves Smith, Deputy State's Atty., Mitchell, for plaintiff and respondent.

WINANS, Judge.

The defendant was convicted of a sale of a narcotic drug, namely, marijuana. The information charged that on the 26th day of March, 1970, in the county of Davison, South Dakota, the defendant "then and there did willfully, wrongfully and unlawfully sell a narcotic drug, or preparation containing a narcotic drug; namely, marijuana; contrary to the form of the Statute * * *." There is no question about a sale having been made. The defendant admits it...

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