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STATE v. VOLK

No. 13791.

331 N.W.2d 67 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Todd M. VOLK, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 9, 1983.

Attorney(s) appearing for the Case

Mikal Hanson, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., Pierre, on brief, for plaintiff and appellee.

Randolph J. Seiler of Krause & Seiler, Mobridge, for defendant and appellant.

HENDERSON, Justice.

ACTION

A Walworth County jury convicted appellant of both arson and burglary in the third degree. Appellant was sentenced to terms of five to ten years on each conviction to run concurrently. Due to prejudicial errors in the jury proceedings, we reverse and remand for a new trial.

FACTS

On October 16, 1981, at 5:18 a.m., a fire was discovered in the teachers' smoking lounge...

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