STATE v. McCREARY

No. 10191.

142 N.W.2d 240 (1966)

STATE of South Dakota, Plaintiff and Respondent, v. George Donald McCREARY, Malcolm Morrison and Jeanine Morrison, Defendants and Appellants.

Supreme Court of South Dakota.

May 5, 1966.


Attorney(s) appearing for the Case

Martens, Goldsmith, May & Porter, Pierre, Kerrigan, Line & Martin, Fremont, Neb., for defendants and appellants.

Frank L. Farrar, Atty. Gen., Frances Biegelmeier, Asst. Atty. Gen., Pierre, for plaintiff and respondent.


BURNS, Circuit Judge.

The defendants, George Donald McCreary and Malcolm Morrison and his wife, Jeanine Morrison, were charged jointly and convicted of the crime of burglary in the third degree. Each was sentenced to a term of six years in the State Penitentiary.

Upon this appeal the defendants urge as grounds for reversal of the judgments the insufficiency of the evidence to support the judgments, admission in evidence of a .38 caliber pistol with serial...

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