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STATE v. PECK

No. 10353.

150 N.W.2d 725 (1967)

STATE of South Dakota, Plaintiff and Respondent, v. William PECK, Defendant and Appellant.

Supreme Court of South Dakota.

May 17, 1967.

Attorney(s) appearing for the Case

Samuel W. Crabb, Rapid City, for defendant and appellant.

Frank L. Farrar, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, David F. Sieler, State's Atty., Rapid City, for plaintiff and respondent.

HOMEYER, Presiding Judge.

The defendant, William Peck, was convicted in the Circuit Court of Pennington County of the crime of burglary in the third degree in breaking or entering the automobile of Arthur Maron with intent to commit larceny.1 He was sentenced to a term of two years and nine months in the state penitentiary and he appeals from the judgment and sentence.

The evidence of the state shows that Arthur Maron went to work...

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