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STATE v. ORRICER

No. 9969.

120 N.W.2d 528 (1963)

STATE of South Dakota, Plaintiff and Respondent, v. Charles ORRICER, Defendant and Appellant.

Supreme Court of South Dakota.

March 13, 1963.

Attorney(s) appearing for the Case

Martin Weeks, Vermillion, for defendant and appellant.

A. C. Miller, Atty. Gen., D. J. McClure, Asst. Atty. Gen., Pierre, Theodore J. Dolney, State's Atty., Vermillion, for plaintiff and respondent.

LUND, Circuit Judge.

The appellant, Charles Orricer, was charged with burglary in two counts; viz., burglary in the second degree, and burglary in the third degree. The jury returned a verdict finding the appellant guilty of burglary in the second degree, and he was sentenced to fifteen years in the penitentiary. From such judgment, and order denying a new trial, he appeals.

On November 13, 1960, at about 3:40 a. m., two police officers of the City of Vermillion...

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