State v. Hoekstra

WOLLMAN, Chief Justice.

The State appeals from the trial court’s order dismissing an indictment returned by a Clay County grand jury. We reverse.

Defendant-respondent was indicted by the grand jury August 11, 1977, for distribution of LSD. Six witnesses testified before the grand jury, only one of whom, a John Anderson, directly implicated defendant in the commission of a crime. About six months later, witness Anderson attempted to recant his grand jury testimony in defense counsel Charles Wolsky⅛ office. Attorney Wolsky warned Anderson that he could be prosecuted for perjury and that he should…