STATE v. MOELLER

No. 13057.

298 N.W.2d 93 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. Leslie MOELLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 29, 1980.


Attorney(s) appearing for the Case

Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Donald G. Forgey of Dakota Plains Legal Services, Batesland, for defendant and appellant.


WOLLMAN, Chief Justice.

Defendant Leslie Moeller appeals from a judgment entered on a jury verdict finding him guilty of second-degree burglary. We affirm.

On October 16, 1979, David Gotheridge left his home in Martin, South Dakota, shortly before 1:00 p. m. and returned to work. Shortly thereafter, his wife, Patty Ellison, and her small child also left. At approximately 2:30 p. m., David Gotheridge's mother observed defendant and a companion approach and...

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