State v. Shearer

WINANS, Judge.

The defendant was convicted of a sale of a narcotic drug, namely, marijuana. The information charged that on the 26th day of March, 1970, in the county of Davison, South Dakota, the defendant "then and there did willfully, wrongfully and unlawfully sell a narcotic drug, or preparation containing a narcotic drug; namely, marijuana; contrary to the form of the Statute * * There is no question about a sale having been made,. The defendant admits it.

The defendant first interposed a demurrer to the information upon the grounds that it did not describe a public offense, in that "it…