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STATE v. SMITH

No. 13926.

344 N.W.2d 505 (1984)

STATE of South Dakota, Plaintiff and Appellee, v. Glenn SMITH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 22, 1984.

Attorney(s) appearing for the Case

Mark Smith, Asst. Atty. Gen., Pierre, Barbara Jo Anderson, Legal Intern, Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Bette Bunker Richards, Dakota Plains Legal Services, Batesland, for defendant and appellant.

FOSHEIM, Chief Justice.

Glenn Smith (appellant) was convicted on two counts of third degree burglary and two counts of grand theft. We affirm.

The Coast-to-Coast store in Martin, South Dakota was broken into on the morning of February 9, 1982. Entry was made through a heat duct on the roof of the building. Footprints in fresh snow led from the roof of the store to a two-family dwelling. The upstairs of the building was occupied by a family and the basement...

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