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STATE v. BULLIS

No. 12024.

255 N.W.2d 290 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Jeffrey Clark BULLIS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 22, 1977.

Attorney(s) appearing for the Case

Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on brief.

Randolph F. Stiles of Hanson, Kaye, Stiles & Kelly, Mitchell, for defendant and appellant.

DUNN, Chief Justice.

This is an appeal from a jury conviction of third degree burglary in the Fourth Judicial Circuit. Defendant contends that the trial court erred (1) in not directing a verdict of acquittal or in not granting him a new trial because a one-man showup tainted the objectivity of the state's witnesses, and (2) in allowing the jury to view the getaway automobile without the supervision of a sworn officer pursuant to SDCL 23-44-18. We affirm.

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