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STATE v. MERRILL

No. 10356.

152 N.W.2d 349 (1967)

STATE of South Dakota, Plaintiff and Respondent, v. Charles Halley MERRILL, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

July 21, 1967.

Attorney(s) appearing for the Case

John J. Simpson, Winner, James R. Zieser, Tyndall, for defendant and appellant.

Frank L. Farrar, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Ernest W. Hertz, State's Atty., Olivet, for plaintiff and respondent.

RENTTO, Judge.

Charles Halley Merrill, Jr. was charged with the crime of grand larceny involving the theft in April 1964 of a 5 section drag and one noble evener alleged to be the property of Allen Schoenfisch of Menno, South Dakota. After a two-day trial the jury on April 29, 1966 returned its verdict finding him guilty as charged. He was sentenced to a term of three years in the state penitentiary. From that judgment and sentence he appeals.

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