State v. Oster

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Appellant, Marvin J. Oster, Jr., was indicted by a grand jury in Butte County on April 25, 1991, for violation of SDCL 22-32-3: Second Degree Burglary. At a motion hearing, he was denied a motion to dismiss the indictment for insufficient indictment and failure to give Miranda warnings. A motion in limine was granted suppressing evidence of prior criminal convictions; however, a motion to suppress Oster’s taped admissions was denied because of the voluntariness of the admissions.

Trial was held on September 19, 1991, with the jury finding Oster…