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STATE v. DERBY

No. 16960.

462 N.W.2d 512 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Duane DERBY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 7, 1990.

Attorney(s) appearing for the Case

Ann C. Meyer, Asst. Atty. Gen., Roger A. Tellinghuisen, Atty. Gen., on brief, Pierre, for plaintiff and appellee.

Michael B. Thompson of Bartron, Wiles & Rylance, Watertown, for defendant and appellant.

WUEST, Justice.

Duane Derby (Derby) appeals a judgment of conviction of third-degree burglary. We affirm.

The facts are not disputed: Sometime between the hours of 2:00 a.m. and 8:00 a.m. on August 24, 1989, Derby and two companions removed a window of the Rauville Bar and Cafe in Rauville, South Dakota. Derby entered the business through the window opening and unlocked one of the Bar's doors for his companions. The intruders stole several cases of beer and...

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