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STATE v. GOODALE

No. 10980.

198 N.W.2d 44 (1972)

The STATE of South Dakota, Plaintiff and Respondent, v. Carl GOODALE, Defendant and Appellant.

Supreme Court of South Dakota.

May 24, 1972.

Attorney(s) appearing for the Case

Kean & Kean, Gene Paul Kean, Sioux Falls, for defendant and appellant.

Gordon Mydland, Atty. Gen., C. J. Kelly, Asst. Atty. Gen., Pierre, George Weisensee, State's Atty., Sioux Falls, for plaintiff and respondent.

WINANS, Judge.

The defendant, Carl Goodale, and one Gene Guyton were arrested and conjointly charged with the commission of crimes under three counts:

Count 1, burglary in the third degree;

Count 2, grand larceny; and

Count 3, possession of burglary tools.

They were given a preliminary hearing, were represented by separate counsel and were bound over to the circuit court on each count. Guyton, thereafter electing to plead guilty to...

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