STATE v. PICKERING

No. 11359.

225 N.W.2d 98 (1975)

STATE of South Dakota, Appellant, v. Michael David PICKERING, Defendant and Respondent.

Supreme Court of South Dakota.

January 15, 1975.


Attorney(s) appearing for the Case

Kermit A. Sande, Atty. Gen., Pierre, Gene Paul Kean, State's Atty., Minnehaha County, Sioux Falls, for appellant.

Mead Bailey, Wilds & Bailey, Sioux Falls, for defendant and respondent.


MILLER, Circuit Judge.

This is an appeal by the State of South Dakota from an order and judgment of the circuit court granting defendant's motion to set aside the information and his demurrer to the information charging him with the offense of receiving stolen property.

Defendant had been previously charged in Minnehaha County under a two-count information with the offenses of burglary in the third degree and grand larceny arising out of a burglary and the...

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