STATE v. THOMLINSON

No. 9801.

100 N.W.2d 121 (1960)

STATE of South Dakota, Plaintiff and Respondent, v. James W. THOMLINSON, Defendant and Appellant.

Supreme Court of South Dakota.

January 9, 1960.


Attorney(s) appearing for the Case

Acie W. Matthews, Sioux Falls, for defendant and appellant.

Parnell J. Donohue, Atty. Gen., for plaintiff and respondent.


HANSON, Judge.

The defendant, James W. Thomlinson, appeals from a conviction of burglary in the third degree. Instead of filing a brief the Attorney General concedes error. We agree the conviction cannot be sustained, and a new trial must be granted.

Thomlinson was charged with burglarizing the Bennett County Cooperative Association. Over defendant's timely challenge at least one member of this Cooperative was allowed to sit on the jury. The challenge should...

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