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STATE v. RODDEN

No. 10990.

201 N.W.2d 232 (1972)

STATE of South Dakota, Plaintiff and Respondent, v. Donald Larry RODDEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 6, 1972.

Attorney(s) appearing for the Case

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

A. P. Fuller, Lead, for defendant and appellant.

BIEGELMEIER, Judge.

Defendant was convicted of attempted burglary. On appeal he asserts the trial court erred by proceeding under SDCL 16-13-43 in procuring additional jurors after the panel had been exhausted, claiming it denied defendant due process of law and equal protection of the law. SDCL 16-13 provides for the compilation of a jury list from which jurors are selected for service in the various courts. It is from this list that jurors are drawn and summoned...

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