STATE v. O'BRIEN

No. 13337.

318 N.W.2d 108 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Brent Jay O'BRIEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 7, 1982.


Attorney(s) appearing for the Case

LeAnn Larson LaFave, Sp. Asst. Atty. Gen., Winner, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

John F. Cogley of Morgan, Fuller, Theeler & Cogley, Mitchell, for defendant and appellant.


YOUNG, Circuit Judge.

Defendant, Brent Jay O'Brien, appeals from the judgment of conviction of perjury entered following a jury trial on September 10-11, 1980. We reverse the conviction.

On December 10, 1978, an electric transformer near the Hormel plant at Mitchell, South Dakota, failed to function. Investigation disclosed that the radiator system at the Northwestern Public Service (NWPS) substation had been punctured by rifle shots. In October 1979, Officer...

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