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STATE v. GIULIANO

No. 12129.

270 N.W.2d 33 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Carmine GIULIANO, Defendant and Appellant.

Supreme Court of South Dakota.

September 7, 1978.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Charles Rick Johnson, Johnson, Johnson & Eklund, Gregory, Theodore Krieger, Sayville, N. Y., for defendant and appellant.

WOLLMAN, Justice.

Appellant was tried on a three-count information. Count I charged the unlawful possession of "more than one ounce of marijuana; and, or less than one ounce of marijuana in a processed form"; Count II charged appellant with aiding and abetting the distribution or dispensing of marijuana; and Count III charged appellant with conspiracy to distribute or dispense a controlled substance. A jury convicted appellant on all three counts. Appellant was sentenced...

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