STATE v. HOEKSTRA

No. 12566.

286 N.W.2d 127 (1979)

STATE of South Dakota, Plaintiff and Appellant, v. Douglas HOEKSTRA, Defendant and Respondent.

Supreme Court of South Dakota.

December 20, 1979.


Attorney(s) appearing for the Case

Thomas J. Welk, Asst. Atty. Gen., Pierre, for plaintiff and appellant; William J. Janklow, Atty. Gen., Pierre, Arthur L. Rusch, Clay County State's Atty., Vermillion, on the brief.

Charles A. Wolsky of Morman, Smit, Shepard & Hughes, Sturgis, for defendant and respondent.


WOLLMAN, Chief Justice.

The State appeals from the trial court's order dismissing an indictment returned by a Clay County grand jury. We reverse.

Defendant-respondent was indicted by the grand jury August 11, 1977, for distribution of LSD. Six witnesses testified before the grand jury, only one of whom, a John Anderson, directly implicated defendant in the commission of a crime. About six months later, witness Anderson attempted to recant his grand jury testimony...

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