STATE v. IRON SHELL

No. 10792.

191 N.W.2d 803 (1971)

STATE of South Dakota, Plaintiff and Respondent, v. Frederick IRON SHELL, Defendant and Appellant.

Supreme Court of South Dakota.

November 19, 1971.


Attorney(s) appearing for the Case

Ron Schmidt, Pierre, for defendant and appellant.

Gordon Mydland, Atty. Gen., C. J. Kelly, Asst. Atty. Gen., Pierre, for plaintiff and respondent.


WINANS, Judge.

In the early evening hours of November 22, 1968, Mrs. Myrtle Wilhelm was on duty alone as night manager of Price's Motel in Rapid City, South Dakota. She was acting as registration clerk. At approximately 6:30 p. m. of that day two men entered the office of the motel. One of the men inquired for the use of the rest room and was told by Mrs. Wilhelm that the motel had no public rest room, but there was one in a filling station across the street. He turned...

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