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STATE v. RICH

No. 12302.

268 N.W.2d 603 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Leland Wallace RICH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 27, 1978.

Attorney(s) appearing for the Case

Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on brief.

Joseph Neiles, Pennington County Asst. Public Defender, Rapid City, for defendant and appellant.

WUEST, Circuit Judge.

At approximately 4:00 a. m., February 26, 1977, the Rapid City Police Department responded to a complaint that someone was tearing a house apart at 1519 North Seventh Street in Rapid City. Officer Melvin Brown responded and when he arrived at the house he noticed that the lights were on, the door was open, and many of the windows were broken out. On approaching the doorway, he heard the sound of breaking glass and other unusual sounds. When he...

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