STATE v. O'CONNOR

No. 10846.

194 N.W.2d 246 (1972)

STATE of South Dakota, Plaintiff and Respondent, v. John Steven O'CONNOR, Defendant and Appellant.

Supreme Court of South Dakota.

February 8, 1972.


Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, and John E. Simko, Sioux Falls, for defendant and appellant.

Gordon Mydland, Atty. Gen., William J. Srstka, Jr., Asst. Atty. Gen., Pierre, for plaintiff and respondent.


WOLLMAN, Judge.

Defendant appeals from his conviction on a charge of third degree burglary and from the judgment sentencing him to the South Dakota State Penitentiary for a period of eight years under the provisions of the South Dakota habitual offender statute, SDCL 22-7.

At approximately 1 o'clock p. m. May 22, 1969, defendant sold a pint of blood at a Sioux Falls, South Dakota, hospital. Following this, defendant drank intoxicating liquor at several bars...

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