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STATE v. MURPHY

No. 11417.

234 N.W.2d 54 (1975)

STATE of South Dakota, Plaintiff and Respondent, v. Dennis MURPHY, Defendant and Appellant.

Supreme Court of South Dakota.

October 17, 1975.

Attorney(s) appearing for the Case

Laurence J. Zastrow, Rapid City, for defendant and appellant.

William J. Janklow, Atty. Gen., Earl Mettler, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

WINANS, Justice.

Dennis B. Murphy of rural Spearfish, South Dakota, was convicted by a jury at Rapid City on November 20, 1973, of distributing a controlled substance (marihuana) in violation of SDCL 39-17-88 on or about July 31, 1973. On January 10, 1974, he was sentenced to two years in the South Dakota State Penitentiary. From this conviction he appeals on a variety of grounds. He charges error in that

1) the statute under which he was convicted was not...

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