STATE v. THOMAS

No. 9829.

105 N.W.2d 549 (1960)

STATE of South Dakota, Plaintiff and Respondent, v. Robert E. THOMAS, a/k/a Fred Anderson, Defendant and Appellant.

Supreme Court of South Dakota.

November 2, 1960.


Attorney(s) appearing for the Case

George W. Wuest, of Danforth, Bleeker & Carlson, Mitchell, for defendant and appellant.

Parnell J. Donohue, Atty. Gen., Marshall M. Gerken, Asst. Atty. Gen., LeRoy S. Lassegard, State's Atty. of Davison County, Mitchell, for plaintiff and respondent.


RENTTO, Judge.

In this proceeding the jury returned its verdict finding defendant guilty of robbery in the first degree. He was sentenced to serve 15 years in the penitentiary and pay a fine of $350. From that judgment he appeals.

Shortly after closing time on the night of February 9, 1959 two gunmen masked with nylon hose pulled over their heads robbed the Randall store in Mitchell, South Dakota, of about $3,000 in cash and checks. While the masks obliterated...

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