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STATE v. GERDES

No. 11963.

258 N.W.2d 839 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Reid GERDES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 31, 1977.

Rehearing Denied December 7, 1977.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Steven W. Sanford, of Braithwaite & Cadwell, Sioux Falls, for defendant and appellant.

MORGAN, Justice.

As the result of a sale of a stolen tape player by the defendant he was arrested and charged on two counts, the first, third-degree burglary [SDCL 22-32-9] and the second, grand larceny [SDCL 22-37-1 & 2], alleged to have been committed in the course of a break-in at a radio shop. The defendant pleaded not guilty to both counts. The jury returned a verdict of acquittal on the burglary charge but convicted on the grand larceny charge. Defendant...

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