State v. Gerdes

MORGAN, Justice.

As the result of a sale of a stolen tape player by the defendant he was arrested and charged on two counts, the first, third-degree burglary [SDCL 22-32-9] and the second, grand larceny [SDCL 22-37-1 & 2], alleged to have been committed in the course of a break-in at a radio shop. The defendant pleaded not guilty to both counts. The jury returned a verdict of acquittal on the burglary charge but convicted on the grand larceny charge. Defendant moved for a new trial alleging insufficiency of the evidence, legal inconsistency of the verdicts, and newly discovered evidence in the…