State v. O'BRIEN

YOUNG, Circuit Judge.

Defendant, Brent Jay O’Brien, appeals from the judgment of conviction of perjury entered following a jury trial on September 10-11, 1980. We reverse the conviction.

On December 10, 1978, an electric transformer near the Hormel plant at Mitchell, South Dakota, failed to function. Investigation disclosed that the radiator system at the Northwestern Public Service (NWPS) substation had been punctured by rifle shots. In October 1979, Officer Ken Rein-esch (Reinesch) questioned Robert Granger, Eugene Morehead, Gene Dog Soldier, and defendant concerning the shooting. During that…