STATE v. O'CONNOR

No. 11942.

265 N.W.2d 709 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. John Stephen O'CONNOR, Defendant and Appellant.

Supreme Court of South Dakota.

April 20, 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 the brief.

Michael A. Lyons, of Doyle & Mahoney, Sioux Falls, for defendant and appellant.


BIEGELMEIER, Retired Justice.*

A jury found defendant guilty of burglary in the third degree, a felony, SDCL 22-32-9, as charged in Part I of an Information, Part II of which alleged prior convictions of five felonies and upon conviction of Part I that he be punished in accordance with SDCL 22-7, our habitual criminal statutes. Defendant appeals and raises questions that require a statement of some of the evidence.

The deputy state...

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