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STATE v. BONRUD

Nos. 11152, 11158.

203 N.W.2d 793 (1973)

STATE of South Dakota, Plaintiff-Respondent, v. Leonard Eugene BONRUD and Donald Eugene Moeller, Defendants-Appellants.

Supreme Court of South Dakota.

January 23, 1973.

Attorney(s) appearing for the Case

David V. Vrooman, Sioux Falls, for defendant-appellant Bonrud.

Russell D. Kading, Sioux Falls, for defendant-appellant Moeller.

Gordon Mydland, Atty. Gen., C. J. Kelly, Asst. Atty. Gen., Pierre, for plaintiff-respondent.

WOLLMAN, Justice.

Defendants were found guilty by a circuit court jury of the offense of third degree burglary.

The question on appeal is whether the investigating officer's failure to give the statutory Miranda warnings, SDCL 23-44-2, in the exact words of the statute precluded the use by the state of defendants' written statements admitting their participation in the offense charged.

SDCL 23-44-2 provides that:

"No confession or admission...

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