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  5. 263 N.W.2d 876 (1978)
 

STATE v. RUNGE

Nos. 11833, 11850, 11865, 11869, 11870 and 11876.

263 N.W.2d 876 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Dennis L. RUNGE, Lonnie Whiting, Royce Whiting, Vaughn Whiting, Becky Kapsch, and Becky Bollack, Defendants and Appellants.

Supreme Court of South Dakota.

Rehearing Denied April 19, 1978.

Attorney(s) appearing for the Case

Clyde Saukerson, Davison County State's Atty., Mitchell, Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Lloyd J. Mahan, Parkston, for defendant and appellant Dennis L. Runge.

Carl F. Haberstick of Jacobson & Haberstick, Parkston, for defendant and appellant Vaughn Whiting.

Randolph F. Stiles, Mitchell, for defendant and appellant Becky Kapsch.

LeRoy S. Lassegard, Mitchell, for defendant and appellant Lonnie Whiting.

John F. Cogley of Morgan, Fuller, Theeler & Cogley, Mitchell, for defendant and appellant Becky Bollack.

Patrick J. Kirby, Mitchell, for defendant and appellant Royce Whiting.

CHEEVER, Circuit Judge.

Shortly before dawn on June 1, 1975, Mrs. Ed Liddeke of Mitchell, South Dakota, was awakened by what she described as a metal-like noise outside her bedroom window. She thought someone was tampering with their automobile which was parked just outside the bedroom. She woke her husband; the noise was repeated. She then got out of bed to go to the phone to report the matter to the police. The telephone had a long cord on it and after dialing the...

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