State v. Furlow

PORTER, Justice (on reassignment).

Defendant appeals from his conviction on a charge of possession of a controlled substance. SDCL 39-17-95 (now SDCL 22-42-5 and SDCL 22-42-6). He contends that prejudicial error occurred when the trial court permitted the State to cross-examine him concerning the details of a former conviction. We sustain his contention and therefore reverse.

FACTS

On November 13, 1975, about 1:30 p. m., four officers entered Apartment 4, 109 North Duluth Avenue, Sioux Falls, South Dakota, to search the premises. They were acting under a search warrant issued in the case of…