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STATE v. BURKE

No. 11088.

201 N.W.2d 234 (1972)

STATE of South Dakota, Plaintiff and Respondent, v. Robert F. BURKE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 6, 1972.

Attorney(s) appearing for the Case

William J. Srstka, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Gordon Mydland, Atty. Gen., and Walter W. Andre, Asst. Atty. Gen., Pierre, were on the brief.

Dana, Golden, Moore & Rasmussen and Russell D. Kading, Sioux Falls, for defendant and appellant.

BIEGELMEIER, Judge.

Defendant was convicted of escape from a prison other than the state penitentiary —a crime under SDCL 24-12-2.

After the jury had been selected and sworn the state moved to endorse the names of two additional witnesses, who were penitentiary guards, to the three names then on the information, which included the names of two other guards, as required by SDCL 23-20-4. Over defendant's objection stating surprise, that these names were...

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