STATE v. O'BRIEN

No. 12255.

272 N.W.2d 69 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Robert James O'BRIEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 30, 1978.


Attorney(s) appearing for the Case

William A. Delaney, III, Butte County State's Atty., Belle Fourche, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Neil Carsrud, Belle Fourche, for defendant and appellant.


DUNN, Justice.

This is an appeal from a conviction of third-degree burglary in the Eighth Judicial Circuit. Defendant was found guilty by a jury on May 6, 1977, and was sentenced according to the habitual offender statute to 20 years in the state penitentiary. We affirm.

On January 7, 1977, at approximately 9:30 p. m., the Gibson store in Belle Fourche, Butte County, South Dakota, was burglarized. Entry was gained by breaking the door casing. A counter containing...

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