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STATE v. O'CONNOR

No. 10984.

203 N.W.2d 183 (1973)

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

Supreme Court of South Dakota.

January 4, 1973.

Attorney(s) appearing for the Case

John E. Simko, Sioux Falls, for defendant and appellant.

Gordon J. Mydland, Atty. Gen., David Stanton, Asst. Atty. Gen., Pierre, Richard Bogue, State's Atty. of Lincoln County, Canton, for plaintiff and respondent.

HANSON, Judge.

Defendant was convicted of robbery in the first degree. His principal contention on appeal is that witnesses to the crime should not have been permitted to make in-court identifications of him.

In respect to this issue the record shows that during the evening of December 17, 1969 two men wearing ski masks entered the home of Owen Amundson in Canton, South Dakota. Present in the home were Owen Amundson, his wife Marlys, their son David, and a...

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