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STATE v. JOHNSON

No. 12403.

272 N.W.2d 304 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Arthur Roy JOHNSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 7, 1978.

Attorney(s) appearing for the Case

Richard H. Wendt, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., LeAnn Larson Finke, Asst. Atty. Gen., Pierre, on the brief.

John S. Theeler of Morgan, Fuller, Theeler & Cogley, Mitchell, for defendant and appellant; David Lee Rasmussen of Morgan, Fuller, Theeler & Cogley, Mitchell, on the brief.

MILLER, Circuit Judge.

Appellant was convicted by an Aurora County jury on a felony charge of third degree burglary. He was sentenced to serve ten years in prison. We affirm.

This appeal relates to a challenge of the sufficiency of the evidence to support the verdict when considering the law of the case as set forth in erroneous instructions to the jury by the trial court. The principal issue here decided relates to invited error.

FACTS PRESENTED...

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