STATE v. DIKSTAAL

No. 13574.

320 N.W.2d 164 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. David D. DIKSTAAL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 2, 1982.


Attorney(s) appearing for the Case

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

William E. Coester, Milbank, for defendant and appellant.


DUNN, Justice.

Appellant David Dikstaal appeals from a jury verdict finding him guilty of third-degree burglary. We affirm.

On April 5, 1981, appellant broke into the Burger Mill in Milbank, South Dakota and took several cases of hamburger patties, fish fillets, and french fries. At appellant's preliminary hearing, Shelly Wiseman (Shelly) was called as a witness on behalf of the State and testified that appellant told her "[t]hat he broke into the Burger Mill...

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