State v. Herman

ZASTROW, Justice.

The defendant, Dennis Herman, appeals from his conviction in the Circuit Court of the Sixth Judicial Circuit for the unauthorized distribution of a controlled substance to a narcotics informant. We reverse.

The informant, Richard Carlson, was arrested and charged with possession of marijuana at Howard, South Dakota. Because of his cooperation in reporting drug activities to Miner County law enforcement officials, he was placed on probation following a guilty plea to misdemeanor possession of marijuana.

Under South Dakota Division of Criminal Investigation (D.C.I.) sponsorship,…