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STATE v. ABOUREZK

No. 13882.

339 N.W.2d 780 (1983)

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

Supreme Court of South Dakota.

Decided November 2, 1983.

Rehearing Granted December 2, 1983.

Attorney(s) appearing for the Case

Arthur L. Rusch, Clay County State's Atty., Vermillion, for plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Charles Rick Johnson of Johnson, Eklund & Davis, Gregory, for defendant and appellee.

HENDERSON, Justice (on reassignment).

ACTION

This is an intermediate appeal stemming from appellee Abourezk's arrest for first-degree possession of marijuana and conspiracy to possess marijuana. During a pretrial hearing, the State attempted to introduce a custodial statement of Gaylen Holy Rock, an unavailable witness. The trial court refused the statement and the State appeals by leave of this Court. We reverse and remand.

FACTS

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