State v. Rigsbee

(on reassignment).

Defendant was convicted of possessing more than one ounce of marijuana by the Circuit Court of Codington County sitting without a jury. He was sentenced to spend two years in the State Penitentiary. He assigns as error four aspects of the trial court’s decision. The major issue is whether the trial court properly refused to suppress a large quantity of marijuana which defendant had in his vehicle at the time of his arrest.

The record reveals that between 5 and 5:30 p. m. on March 16, 1973, Officer Durham of the Watertown police received information from a confidential…