State v. Ducheneaux

SABERS, Justice.

[¶ 1.] Matthew Ducheneaux was charged with possession of marijuana. The magistrate judge ruled that Duche-neaux was entitled to use the affirmative defense of necessity under SDCL 22-5-1. The State appealed the decision to the circuit court. The circuit court reversed and Ducheneaux attempted to appeal to this Court. After this Court dismissed his appeal, Ducheneaux was tried and convicted by a jury in magistrate court. The circuit court denied his appeal and Duche-neaux appeals. We affirm.

FACTS

[¶ 2.] On July 15, 2000, Officer Vinson Weber of the Minnehaha County Police…