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STATE v. KREBS

Nos. 17877, 17882.

504 N.W.2d 580 (1993)

STATE of South Dakota, Plaintiff and Appellee, v. Roger H. KREBS (# 17877) and Guy A. Davis (# 17882), Defendants and Appellants.

Supreme Court of South Dakota.

Decided August 4, 1993.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Ron J. Volesky, Huron, for defendant and appellant Krebs.

Douglas E. Kludt, Churchill, Manolis, Freeman and Kludt, Huron, for defendant and appellant Davis.

WUEST, Justice.

Defendants Krebs and Davis were tried jointly for third-degree burglary, grand theft and possession of burglary tools with intent to commit burglary. Krebs was convicted on all three charges and Davis was convicted of grand theft and possession of burglary tools with intent to commit burglary. Each was represented by different counsel and each has filed a separate appeal. Since the facts and two of the issues are the same in both cases, we have consolidated...

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