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STATE v. SECREST

No. 13593.

331 N.W.2d 580 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. James SECREST, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 30, 1983.

Attorney(s) appearing for the Case

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

Michael B. Crew, Sioux Falls, for defendant and appellant.

MORGAN, Justice.

This appeal arises from a third-degree burglary conviction and a habitual offender conviction. We affirm.

Shortly before midnight on May 8, 1981, Randy and Nancy Sigler, observed from their car a man sticking his hand in a window of the Army Surplus Store in Sioux Falls, South Dakota. They drove down the street and as they turned around they saw the man walk around the corner of the surplus store carrying two new pair of boots. As Siglers...

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