STATE v. ROSALES

No. 13114.

302 N.W.2d 804 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. Juan Joe ROSALES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 4, 1981.


Attorney(s) appearing for the Case

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

Steven D. Rich, Rapid City, for defendant and appellant.


FOSHEIM, Justice.

This appeal is from the judgment of conviction entered upon a jury verdict finding appellant guilty of first-degree burglary. We affirm.

In the early evening hours of November 8, 1979, Jack Mittler returned from work to his basement apartment in the Neva MacKaman residence in Rapid City. While in his apartment, he heard footsteps on the main floor above and, knowing that Mrs. MacKaman was absent on vacation, decided to investigate. He went...

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