STATE v. HIBBARD

No. 12431.

273 N.W.2d 172 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Curtis HIBBARD, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 29, 1978.


Attorney(s) appearing for the Case

Kevin F. Manson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Peter H. Lieberman, Asst. Atty. Gen. Pierre, on brief.

John J. Delaney of Kellar, Kellar, Fuller & Amundson, Lead, for defendant and appellant.


WOLLMAN, Chief Justice.

Appellant appeals from a conviction of fourth degree burglary upon which he was sentenced to three years in the South Dakota Penitentiary. We reverse.

Upon returning to her home near Sturgis, South Dakota, in the early afternoon on September 23, 1977, Mrs. Debra Schwartz noticed an automobile parked in her driveway. She observed two men run from behind the house and enter the automobile....

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