State v. Kills Small

MORGAN, Justice (on reassignment).

The defendant was charged with third-degree burglary in connection with a break-in at a liquor store in Scenic, South Dakota, on July 29, 1976. He was convicted by a jury verdict, sentenced, and now appeals. We reverse and remand for a new trial.

The defendant and others drove from Rapid City to Porcupine, South Dakota, on July 28, 1976, and started back to Rapid City on July 29, 1976. They stopped in Scenic, South Dakota, and spent some time drinking with friends. During the noon hour, several members of the group started across the street toward Ray’s Liquor…