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STATE v. ANDERBERG

No. 11447.

232 N.W.2d 254 (1975)

STATE of South Dakota, Plaintiff and Respondent, v. Craig John ANDERBERG, Defendant and Appellant.

Supreme Court of South Dakota.

August 22, 1975.

Attorney(s) appearing for the Case

William J. Janklow, Atty. Gen., Max A. Gors, Asst. Atty. Gen., Pierre, Gene Paul Kean, State's Atty., Sioux Falls, for plaintiff and respondent.

Sidney B. Strange, Sioux Falls, for defendant and appellant.

FOSHEIM, Circuit Judge.

On August 7, 1973, Defendant Craig Anderberg was indicted by a Minnehaha County Grand Jury on two counts of distributing a controlled substance. He was subsequently convicted of both charges. He appeals from the judgment and sentence.

At his arraignment, appellant moved to set aside the indictment contending the grand jury lacked authority to inquire into the offenses charged since he had...

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