STATE v. BLAKEY

No. 13823.

332 N.W.2d 729 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Jackie BLAKEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 27, 1983.


Attorney(s) appearing for the Case

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

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


FOSHEIM, Chief Justice.

A jury found Jackie Blakey (defendant) guilty of burglary in the first degree. SDCL 22-32-1.1 The information charged him with entering or remaining in an occupied structure during the nighttime with intent to commit the crime of theft.

The State's testimony was that at approximately 6:45 a.m., on February 14, 1982, Darlene Denevan was awakened in her home by a banging noise followed by the sound of breaking...

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