State v. Pickering

MILLER, Circuit Judge.

This is an appeal by the State of South Dakota from an order and judgment of the circuit court granting defendant’s motion to set aside the information and his demurrer to the information charging him with the offense of receiving stolen property.

Defendant had been previously charged in Minnehaha County under a two-count information with the offenses of burglary in the third degree and grand larceny arising out of a burglary and the theft of certain merchandise from an appliance store in Sioux Falls. A change of venue was granted to Codington County. At the trial the…