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STATE v. NELSON

No. 10473.

169 N.W.2d 533 (1969)

STATE of South Dakota, Plaintiff and Respondent, v. Lyle NELSON, Defendant and Appellant.

Supreme Court of South Dakota.

July 24, 1969.

Attorney(s) appearing for the Case

James Abourezk, Rapid City, for defendant and appellant.

Frank L. Farrar, Atty. Gen., Michael B. Strain, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

RENTTO, Judge.

The information on which this prosecution is based charged the defendant in two counts with burglaries in the third degree, both committed on April 19, 1967. The first involved the breaking and entering of the Hills Brake and Equipment Building in Rapid City with intent to commit larceny, and the second a barn belonging to Edgar Kellam in the same county. The jury found the defendant guilty of burglary in the third degree as charged in count I. He appeals...

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