State v. Anderberg

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 not been held to answer prior to the indictment, had no knowledge his conduct was being investigated, and, therefore, was denied the right to investigate and challenge the competency of…