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STATE v. WELLNER

Nos. 13533, 13534.

318 N.W.2d 324 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Stanley WELLNER (# 13533) and Steven Wellner (# 13534), Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 21, 1982.

Attorney(s) appearing for the Case

Jon R. Erickson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

James D. Leach, Rapid City, for defendant and appellant Steven Wellner.

Bruce Ellison, Rapid City, for defendant and appellant Stanley Wellner.

DUNN, Justice.

Defendants Steven and Stanley Wellner appeal from jury verdicts finding them guilty of the crime of possession of more than one pound of marijuana. We affirm the convictions.

In the spring of 1980, George Wellner rented the Brandenburg farm near Miller, South Dakota. George and his sons, defendants, raised hay on the farm. Defendants occasionally stayed in the farmhouse.

On August 20, 1980, after receiving a tip from an informant, several...

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