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STATE v. SCHIMKAT

No. 10955.

199 N.W.2d 37 (1972)

STATE of South Dakota, Plaintiff and Respondent, v. Jarrell Jay SCHIMKAT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 28, 1972.

Attorney(s) appearing for the Case

Frances Niemoller, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Gordon Mydland, Atty. Gen., Pierre, on the brief.

Morris Myers, Aberdeen, for defendant and appellant; Warren W. May, Pierre, on the brief.

BIEGELMEIER, Judge.

Defendant was convicted of grand larceny of a 12-inch portable color television set. He appeals arguing two points in his Appellant's Brief.

After the state rested, defense counsel advised the court he had a motion to make. The jury was excused, the motion heard and denied; thereupon counsel stated: "That's all we have * * * I would like to inform the Court at this time that the defense will not offer any evidence and we will rest at this...

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