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STATE v. BEENE

No. 12037-rev.-DJP.

257 N.W.2d 589 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Jack BEENE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 9, 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 the brief.

Steven M. Johnson, Frank J. Brady of Brady, Kabeiseman & Reade, Yankton, for defendant and appellant.

PORTER, Justice (on reassignment).

Defendant was tried by jury upon two counts of third degree burglary, allegedly committed in rural Yankton County on November 12, 1975. A witness for the State, one Friesen, testified that he committed the burglaries, and also implicated defendant. No witness, other than Friesen, gave any testimony directly tending to show defendant's complicity. Essentially upon Friesen's testimony, defendant was convicted as charged.

Defendant...

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