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STATE v. HARTLEY

No. 13575.

326 N.W.2d 226 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Rodney HARTLEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 17, 1982.

Attorney(s) appearing for the Case

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

Lee A. Tappe, Platte, for defendant and appellant.

FOSHEIM, Chief Justice (on reassignment).

Appellant Rodney Hartley appeals from a jury verdict finding him guilty of third-degree burglary. We remand.

Several items of clothing and food were taken from a store in Wagner, South Dakota, on March 13, 1981. Deputy Sheriff Ed Zylstra and Police Chief Francis Mach took appellant into custody for questioning regarding the burglary at approximately 8:00 a.m. that morning...

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