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RAUSCHER v. STATE

No. 12704.

292 N.W.2d 106 (1980)

Thomas L. RAUSCHER, Petitioner and Appellant, v. STATE of South Dakota, Respondent.

Supreme Court of South Dakota.

Decided May 7, 1980.

Attorney(s) appearing for the Case

John P. Abbott, Brandon, for petitioner and appellant.

Lori Wilbur, Asst. Atty. Gen., Pierre, for respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

PER CURIAM.

In his petition for post-conviction relief Thomas Rauscher challenged the constitutionality of two jury instructions used in his third-degree burglary trial.1 The trial court dismissed Rauscher's petition because of his failure to object to the instructions at any time prior to his bid for post-conviction relief. We affirm.

Rauscher argues that Instruction 6, the "natural and probable consequences" instruction, violates...

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