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STATE v. DAVIS

No. 18310.

515 N.W.2d 205 (1994)

STATE of South Dakota, Plaintiff and Appellant, v. Jerry L. DAVIS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 13, 1994.

Rehearing Denied May 6, 1994.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Charles D. McGuigan, Asst. Atty. Gen., Pierre, for plaintiff and appellant.

David R. Wurm of Wurm and Hood, Rapid City, for defendant and appellee.

WUEST, Justice

State appeals the trial court's issuance of a writ of error coram nobis vacating Jerry L. Davis's (Davis) conviction for second degree burglary. We reverse.

FACTS

Early on the morning of August 1, 1992, Michael Graham (Graham) met Jerry Davis (Davis) and her sister, Cindy Vice (Vice) at a bar in Rapid City, South Dakota. Graham later gave Davis a ride to another sister's residence in a Rapid City trailer court. Graham was acquainted...

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