State v. Beene

PORTER, Justice (on reassignment).

Defendant was tried by jury upon two counts of third degree burglary, allegedly committed in rural Yankton County on November 12, 1975. A witness for the State, one Friesen, testified that he committed the burglaries, and also implicated defendant. No witness, other than Friesen, gave any testimony directly tending to show defendant’s complicity. Essentially upon Friesen’s testimony, defendant was convicted as charged.

Defendant appeals, contending that the trial court erred (1) in failing to instruct the jury that the testimony of Friesen should be examined…