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STATE v. VOGEL

No. 13431.

315 N.W.2d 321 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Michael C. VOGEL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 20, 1982.

Attorney(s) appearing for the Case

Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

James E. McCulloch of Minick, Nelson & McCulloch, Vermillion, for defendant and appellant.

HENDERSON, Justice.

ACTION

Appellant Michael C. Vogel appeals from a judgment based on a jury verdict finding him guilty of felonious possession of marijuana (one pound or more). We affirm. The facts, as they apply to the two issues, are developed in the decisional aspect of this opinion.

ISSUES

I.

Did the trial court err in denying appellant's motion for acquittal? We hold that it did not.

II.

Can appellant...

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