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STATE v. WINCKLER

Nos. 11787, 11790, 11791, 11796, 11798, 11801, 11802 and 11973.

260 N.W.2d 356 (1977)

STATE of South Dakota, Plaintiff and Appellant, v. Mark WINCKLER, Mike Weston, Jesse Costello, Mike Honomichl, Jim Weddell, Donald Cournoyer, and Godwin Weston, Defendants and Respondents. STATE of South Dakota, Plaintiff and Respondent, v. Mark WINCKLER, Mike Weston, Jesse Costello, Mike Honomichl, Donald Cournoyer, and Godwin Weston, Defendants and Appellants, Jim Weddell, Defendant. STATE of South Dakota, Plaintiff and Respondent, v. Jim WEDDELL, Defendant and Appellant, Mark Winckler, Mike Weston, Jesse Costello, Mike Honomichl, Donald Cournoyer, and Godwin Weston, Defendants.

Supreme Court of South Dakota.

Decided November 17, 1977.

Rehearing Denied December 16, 1977.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and appellant State of South Dakota; William Janklow, Atty. Gen., Pierre, on brief.

Terry L. Pechota, Mission, for defendant and appellant Jesse Costello.

Carl Haberstick, Parkston, for defendant and appellant Mike Honomichl.

Richard D. Hagerty, Yankton, for defendant and appellant Godwin Weston.

John W. Keller, Chamberlain, for defendant and appellant Mark Winckler.

Frank J. Brady, Yankton, for defendant and appellant Jim Weddell.

James W. Abbott, Yankton, for defendant and appellant Mike Weston.

William J. Klimisch, Yankton, for defendant and appellant Donald Cournoyer.

WINANS, Justice.*

Sometime during the night of May 1, and the early morning hours of May 2, 1975, the Coast-to-Coast store in Wagner, South Dakota was burglarized. Several weapons, including rifles and shotguns, were taken from the store, along with some ammunition. At approximately 3:00 a. m. on May 2, the seven defendants, who were armed, broke into the Yankton Sioux Tribe Pork Plant [hereinafter Pork Plant]; they occupied the Pork Plant...

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