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STATE v. FARMER

No. 15395-a.

407 N.W.2d 821 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. Kenneth Dwight FARMER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 10, 1987.

Attorney(s) appearing for the Case

Frank E. Geaghan, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., Pierre, on the brief, for plaintiff and appellee.

Michael "Mick" Strain, White River, for defendant and appellant.

WUEST, Chief Justice.

Defendant, Kenneth Farmer, appeals his conviction of burglary in the third degree. We affirm.

At approximately 2:30 a.m. on April 7, 1986, Richard Lee (Lee), a resident of Norris, South Dakota, awoke to hear a dog barking near his residence. Lee looked out his window and saw a car drive away from an area near the Standard Service station. He also noticed that lights were on inside the station and someone appeared to be in the building...

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