STATE v. DISBROW

No. 15684.

417 N.W.2d 873 (1988)

STATE of South Dakota, Plaintiff and Appellee, v. Cassius Lea DISBROW, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 6, 1988.


Attorney(s) appearing for the Case

Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

Patricia C. Riepel, Minnehaha County Public Defender, Sioux Falls, for defendant and appellant.


WUEST, Chief Justice.

Defendant, Cassius Disbrow, Jr., appeals his conviction for grand theft. We reverse and remand for a new trial.

On April 3, 1986, defendant went to the Dakota Pawn Shop in Sioux Falls, South Dakota to redeem some items he had pawned there. When the clerk left the display area to get the items, she left the jewelry cabinet unlocked because she knew and trusted the defendant and no one else was in the store at the time. She did not leave...

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