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STATE v. CELLI

Nos. 12209 and 12224.

263 N.W.2d 145 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. William Nicholas CELLI (# 12209) and Glynis J. Brooks (# 12224), Defendants and Appellants.

Supreme Court of South Dakota.

Decided March 2, 1978.

Attorney(s) appearing for the Case

Leann Larson Finke, Asst. Atty. Gen., Pierre, William J. Janklow, Atty. Gen., Pierre, on brief, for plaintiff and respondent.

Steven M. Christensen of Driscoll, Mattson, Rachetto & Christensen, Deadwood, Reed C. Richards of Richards & Richards, Deadwood, for defendants and appellants.

PORTER, Justice.

CASE SUMMARY

This is an appeal from the judgments of conviction of defendants Brooks and Celli for burglary in the fourth degree. Defendants contend that the trial court erred in denying their motion for a directed verdict for the State's failure to prove that the structure the defendants entered was the "dwelling house" of the complainants. We agree with this contention and therefore reverse...

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