STATE v. ROBB

No. 13162.

303 N.W.2d 368 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. Richard Lee ROBB, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 18, 1981.


Attorney(s) appearing for the Case

Steven R. Binger, Deputy State's Atty., Sioux Falls, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Parnell J. Donohue of Donohue & Donohue, Sioux Falls, for defendant and appellant.


HENDERSON, Justice.

ACTION

This is an appeal by Richard Lee Robb (appellant) from a Minnehaha County jury verdict and final judgment finding him guilty of third-degree burglary. We affirm.

FACTS

At approximately 2:45 a. m. on February 3, 1980, the burglar alarm was activated at the J. C. Penney Store (store) located at the Empire Shopping Mall (mall) in Sioux Falls, South Dakota. Upon arrival at the store, the police found that a door on...

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