STATE v. STINSON

No. 11360.

226 N.W.2d 155 (1975)

STATE of South Dakota, Plaintiff and Respondent, v. Troy M. STINSON, Defendant and Appellant.

Supreme Court of South Dakota.

February 12, 1975.


Attorney(s) appearing for the Case

Charles J. Mickel, Rapid City, for defendant and appellant.

Kermit Sande, Atty. Gen., Robert A. Wichser, Asst. Atty. Gen., Pierre, for plaintiff and respondent.


WOLLMAN, Justice.

Defendant was found guilty by a jury on a charge of grand larceny arising out of the theft of a chain saw. His appeal is based upon two contentions: (1) that the trial court erred in refusing to suppress testimony concerning the pretrial identification of the defendant, and (2) that the trial court erred in not giving an identification instruction which emphasized the need for finding that the circumstances of identification were convincing beyond...

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