STATE v. MOREHEAD

No. 13343.

328 N.W.2d 268 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Clarence Eugene MOREHEAD, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 28, 1982.


Attorney(s) appearing for the Case

Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee, Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Le Roy S. Lassegard, Mitchell, for defendant and appellant.


DUNN, Justice (on reassignment).

This is an appeal from a judgment of conviction of perjury pursuant to SDCL 22-29-1.1 We reverse.

This is a companion case to State v. O'Brien, 318 N.W.2d 108 (S.D.1982), and arises out of the same factual setting. On December 10, 1978, a radiator system at the Northwestern Public Service (NWPS) substation ceased functioning because it was punctured with...

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