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STATE v. WEBB

No. 11953.

251 N.W.2d 687 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Steve WEBB, Defendant and Appellant.

Supreme Court of South Dakota.

March 17, 1977.

Attorney(s) appearing for the Case

Peter H. Lieberman, Asst. Atty. Gen., for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Robert A. Warder of Gunderson, Farrar, Aldrich, Warder, DeMersseman & Johnson, Rapid City, for defendant and appellant.

HERTZ, Circuit Judge.

Defendant was charged with unlawful distribution of a controlled substance on November 1, 1975, and November 4, 1975, in two separate indictments which were consolidated for trial.

The state's case was dependent upon an informer's testimony, since it was he who claimed to have made two separate purchases of a controlled drug from the defendant. The defendant did not testify, but did submit alibi testimony on the first purchase claimed...

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