STATE v. SPRATLIN

No. 11660.

243 N.W.2d 386 (1976)

STATE of South Dakota, Plaintiff, v. Jonathan Earl SPRATLIN, Defendant.

Supreme Court of South Dakota.

June 24, 1976.


Attorney(s) appearing for the Case

John H. Shepard, of Morman, Smit & Shepard, Sturgis, for defendant and appellant.

No appearance for the State.


WOLLMAN, Justice.

Defendant was found guilty by a jury of distributing or dispensing a controlled substance (amphetamines) in violation of SDCL 39-17-88. Defendant's principal contentions on appeal are that the trial court erred in giving an instruction on an agency relationship between the person to whom the amphetamines had allegedly been distributed and a third party, and that the evidence was not sufficient to warrant a conviction on the theory of agency. In lieu...

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