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STATE v. POSS

No. 12871.

298 N.W.2d 80 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. Nicholas John POSS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 29, 1980.

Attorney(s) appearing for the Case

Miles F. Schumacher, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Gary L. Monserud of Banks & Johnson, Rapid City, for defendant and appellant.

HENDERSON, Justice.

ACTION

Nicholas John Poss (appellant) was convicted by a Pennington County jury on June 8, 1979, of first-degree burglary in violation of SDCL 22-32-1. Appellant appeals from the judgment of conviction urging three errors of law, separately discussed below. We affirm.

FACTS

Appellant and a companion, William Michael Reed, were arrested and charged with first-degree burglary on December 18, 1978, at approximately 8:00...

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