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STATE v. DORNBUSCH

No. 14944.

384 N.W.2d 682 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. Arnold C. DORNBUSCH, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 2, 1986.

Attorney(s) appearing for the Case

Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Richard J. Neill, of Foley & Neill, Watertown, for defendant and appellant.

WUEST, Justice.

This is an appeal from a judgment of conviction following a guilty verdict of second-degree burglary, under SDCL 22-32-3. We reverse and remand for a new trial.

Roger Heathcote (Heathcote) owns and operates Powell's Gas and Grocery (Powell's) in Watertown, South Dakota. Heathcote has employed Pat Good (Good) for ten years and Steve Olson (Olson) for four years, both on a part-time basis. He considers them trustworthy. On Sunday, October 14...

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