STATE v. KLINGLER

No. 10492.

173 N.W.2d 275 (1969)

STATE of South Dakota, Plaintiff and Respondent, v. Ralph Leroy KLINGLER, Defendant and Appellant.

Supreme Court of South Dakota.

December 16, 1969.


Attorney(s) appearing for the Case

R. James Zieser, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Gordon Mydland, Atty. Gen., on the brief.

Joe W. Cadwell, Sioux Falls, for defendant and appellant; Marvin D. Keller, Sioux Falls, on the brief.


BIEGELMEIER, Presiding Judge.

Defendant appeals from the sentence entered on his conviction of robbery in the first degree. SDCL 1967, § 22-30-1 and § 22-30-6. Shortly after 4 a. m. on May 17, 1967 a man held up a service station in Sioux Falls by use of a revolver. The robber had dark hair, had not shaved for a couple of days, wore sunglasses, dark pants and an olive green jacket. Jensen, the attendant who later identified defendant as the robber, phoned...

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