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STATE v. SPOONEMORE

No. 12696.

287 N.W.2d 109 (1980)

STATE of South Dakota, Plaintiff and Respondent, v. Robert SPOONEMORE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 16, 1980.

Attorney(s) appearing for the Case

Leann Larson Finke, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Todd D. Hauge of Bakewell & Hauge, Custer, for defendant and appellant.

ANDERST, Circuit Judge.

Appellant, Robert Spoonemore, was convicted on November 14, 1978, after a jury trial, of three counts of third degree burglary. We reverse.

The state's primary witness was the alleged accomplice of appellant. Defense council requested a cautionary instruction concerning accomplice testimony,* which the trial court refused to give. In State v. Beene, 257 N.W.2d 589

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