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STATE v. FOGG

No. 9949.

115 N.W.2d 889 (1962)

STATE of South Dakota, Respondent, v. Alexis F. FOGG and Jesse Zimmerman, a/k/a Jesse Young, Defendants and Appellants.

Supreme Court of South Dakota.

June 27, 1962.

Attorney(s) appearing for the Case

Acie W. Matthews, Sioux Falls, for defendants and appellants.

A. C. Miller, Atty. Gen., Donald J. McClure, Asst. Atty. Gen., Pierre, William F. Clayton, State's Atty., Roger A. Schiager, Asst. State's Atty., Sioux Falls, for plaintiff and respondent.

HANSON, Judge.

Defendants were jointly charged with the crime of burglary. Both were found guilty and both appeal.

Police officers discovered a break-in at the Buffalo Bar in Sioux Falls early in the morning of January 26, 1961. The rear door had been pried open by a tire iron which was found inside. Some quart bottles of whiskey off the back bar, cigarettes, and $17.40 in change were taken. Defendants Fogg and Zimmerman were arrested in a cafe about 6:00...

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