STATE v. JOHNSON

No. 13453.

316 N.W.2d 652 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Albert Lee JOHNSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 3, 1982.


Attorney(s) appearing for the Case

Marten A. Trotzig, Minnehaha County Deputy, State's Atty., Sioux Falls, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

John P. Abbott of Abbott & Abbott, Brandon, for defendant and appellant.


WOLLMAN, Chief Justice.

Defendant appeals from a judgment of conviction for burglary in the third degree. The single issue on this appeal is whether the trial court abused its discretion when it permitted the jury to consider testimony regarding a separate but similar burglary allegedly committed by defendant. We affirm.

The Dow Sioux Valley Drug Store in Sioux Falls was burglarized during the late evening of April 30 or early morning of May 1, 1980. It was...

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