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STATE v. BRANDENBURG

No. 14152.

344 N.W.2d 702 (1984)

STATE of South Dakota, Plaintiff and Appellee, v. Larry BRANDENBURG, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 29, 1984.

Attorney(s) appearing for the Case

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

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

FOSHEIM, Chief Justice.

Larry Brandenburg appeals a perjury conviction. We reverse and remand for a new trial.

This appeal developed from the factual background found in State v. Wellner, 318 N.W.2d 324 (S.D.1982). In Wellner we upheld the criminal convictions of Steven and Stanley Wellner for cultivation of several tons of marijuana on Hand County farmland rented from Ellwood Brandenburg, appellant's father...

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