Application of Kiser

WUEST, Circuit Judge.

The Appellant, Melvin F. Kiser, was charged, tried and found guilty of two counts of grand larceny in the Circuit Court of Codington County, South Dakota. Count One of the Information charged him with stealing "One (1) Remington automatic 12-gauge shotgun" from the Gamble Store of Watertown, South Dakota, on November 17, 1965.

Count Two of the Information charged him with stealing "one (1) Remington automatic, 20-gauge, model 1100 shotgun" from Mahowald's Hardware, of Watertown, South Dakota, on November 17, 1965.

Appellant, by stipulation, was tried jointly with one Trice…