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STATE v. GAGE

No. 13139.

302 N.W.2d 793 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. Kenneth M. GAGE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 4, 1981.

Attorney(s) appearing for the Case

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

Catherine G. Ortner of Ortner & Ortner, Hot Springs, for defendant and appellant.

MORGAN, Justice.

A Fall River County jury found appellant guilty of first-degree robbery in violation of SDCL 22-30-1 and 22-30-7. The trial court sentenced him to serve ten years at the South Dakota State Penitentiary in Sioux Falls, South Dakota. Appellant appealed from that final judgment and sentence. We reverse and remand for a new trial.

Appellant had lived in Edgemont, South Dakota. Around 6:00 p. m. on February 1, 1980, he moved out of his Edgemont...

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