State v. Conner

HENDERSON, Justice.

PROCEDURAL HISTORY

On June 15, 1989, Donna Rae Conner (Conner) was charged by complaint with one count of unauthorized possession of a controlled substance (Methamphetamine), in violation of SDCL 22-42-5 and one count of possession of a controlled substance (Methamphetamine) with intent to distribute, in violation of SDCL 22-42-5.

A preliminary hearing was scheduled for August 3, 1989. Instead of hearing evidence, the magistrate made a record of her refusal to allow an affidavit. This affidavit resulted from an analysis performed by the State Health Laboratory. The affidavit…