State v. Brandenburg

POSHEIM, Chief Justice.

Larry Brandenburg appeals a perjury conviction. We reverse and remand for a new trial.

This appeal developed from the factual background found in State v. Wellner, 318 N.W.2d 324 (S.D.1982). In Wellner we upheld the criminal convictions of Steven and Stanley Wellner for cultivation of several tons of marijuana on Hand County farmland rented from Ellwood Brandenburg, appellant’s father. Appellant was then purchasing that land.

Appellant was called as a witness at the Wellners’ preliminary examination on October 2,1980. He testified in part as follows:

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