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STATE v. DUCHENEAUX

No. 22776.

671 N.W.2d 841 (2003)

2003 SD 131

STATE of South Dakota, Plaintiff and Appellee, v. Matthew DUCHENEAUX, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 5, 2003.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, Attorneys for plaintiff and appellee.

Darren Magee, Public Defender's Office, Sioux Falls, Attorney for defendant and appellant.

SABERS, Justice.

[¶ 1.] Matthew Ducheneaux was charged with possession of marijuana. The magistrate judge ruled that Ducheneaux was entitled to use the affirmative defense of necessity under SDCL 22-5-1. The State appealed the decision to the circuit court. The circuit court reversed and Ducheneaux attempted to appeal to this Court. After this Court dismissed his appeal, Ducheneaux was tried and convicted by a jury in magistrate court. The circuit court denied...

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