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STATE v. ELLESTAD

No. 11374.

225 N.W.2d 879 (1975)

STATE of South Dakota, Plaintiff and Respondent, v. Roger ELLESTAD, Defendant and Appellant.

Supreme Court of South Dakota.

February 12, 1975.

Attorney(s) appearing for the Case

A. William Spiry, Britton, T. R. Pardy, Mumford, Protsch, Sage & Pardy, Howard, for defendant and appellant.

Kermit Sande, Atty. Gen., Galen J. Vaa, Asst. Atty. Gen., Pierre, Myles DeVine, Marshall County State's Atty., Britton, for plaintiff and respondent.

WOLLMAN, Justice.

Defendant was found guilty by a jury on a charge of grand larceny and was sentenced to serve forty months in the state penitentiary. We agree with his contention on appeal that the evidence was insufficient to support the verdict, and we reverse the judgment of conviction.

On December 29, 1971, Howard and Phillip Oland, father and son, drove 108 head of livestock, consisting of 106 cows and two bulls, from the elder Mr. Oland's

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