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STATE v. HARBAUGH

Nos. 11133, 11136.

210 N.W.2d 166 (1973)

STATE of South Dakota, Plaintiff and Respondent, v. Ronald Lee HARBAUGH, Defendant and Appellant. STATE of South Dakota, Plaintiff and Respondent, v. Richard J. ARNWINE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 31, 1973.

Attorney(s) appearing for the Case

Thomas R. Vickerman, Asst. Atty. Gen., Pierre, for plaintiff and respondent. Former Atty. Gen. Gordon Mydland was on the brief in appeal #11136, Atty. Gen. Kermit A. Sande, was on the brief in appeal #11133.

Charles E. Carrell, Rapid City, for defendant and appellant Ronald Lee Harbaugh.

Wynn A. Gunderson, Rapid City, for defendant and appellant Richard J. Arnwine.

BIEGELMEIER, Chief Justice.

Defendants separately appeal from sentences entered on jury verdicts of guilty of robbery. On September 29, 1971, about 6 p. m., a man entered a shop in Rapid City, took two six-packs of Budweiser beer from the cooler, set them on the counter and, then, holding a gun pointed at the shop owner ordered her to put the money in the cash register into a sack with the beer. After ordering her to lie on the floor the man left with the sack containing...

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