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STATE v. KILLS SMALL

No. 12057.

269 N.W.2d 771 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Jerome KILLS SMALL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 6, 1978.

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.

John J. Burnett, Rapid City, for defendant and appellant.

MORGAN, Justice (on reassignment).

The defendant was charged with third-degree burglary in connection with a break-in at a liquor store in Scenic, South Dakota, on July 29, 1976. He was convicted by a jury verdict, sentenced, and now appeals. We reverse and remand for a new trial.

The defendant and others drove from Rapid City to Porcupine, South Dakota, on July 28, 1976, and started back to Rapid City on July 29, 1976. They stopped in Scenic, South Dakota...

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