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STATE v. HOLMES

No. 16849.

464 N.W.2d 612 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Roger James HOLMES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 19, 1990.

Rehearing Denied January 24, 1991.

Attorney(s) appearing for the Case

Gary R. Campbell, Asst. Atty. Gen., Roger A. Tellinghuisen, Atty. Gen., on the brief, Pierre, for plaintiff and appellee.

Richard L. Johnson, Sioux Falls, for defendant and appellant.

MILLER, Chief Justice.

A jury convicted Roger James Holmes (Holmes) on three separate criminal charges: driving while under the influence, possession of marijuana, and possession of a loaded firearm while intoxicated. We affirm.

DECISION

At trial, the presumption of innocence instruction was not given to the jury.1 After the jury had returned its verdict, the trial judge realized this omission and noted that the presumption...

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