STATE v. JOHNSON

No. 11686.

254 N.W.2d 114 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Lester E. JOHNSON, Defendant and Appellant.

Supreme Court of South Dakota.

May 26, 1977.


Attorney(s) appearing for the Case

Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Sidney B. Strange, Sioux Falls, for defendant and appellant.


ZASTROW, Justice (on reassignment).

Defendant appeals from the judgment of conviction entered after he was found guilty by a jury on a charge of unlawfully possessing amphetamines. SDCL 39-17-95. We reverse.

Defendant's first contention is that the trial court erred in denying him a hearing on his motion to suppress evidence. Following his arrest on September 20, 1974, defendant retained his present counsel to represent him on the instant charge. When defendant...

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