State v. Blakey

FOSHEIM, Chief Justice.

A jury found Jackie Blakey (defendant) guilty of burglary in the first degree. SDCL 22-32-1. 1 The information charged him with entering or remaining in an occupied structure during the nighttime with intent to commit the crime of theft.

The State’s testimony was that at approximately 6:45 a.m., on February 14, 1982, Darlene Denevan was awakened in her home by a banging noise followed by the sound of breaking glass. She woke her husband, Joe Denevan, who went to the basement. There he found defendant picking through a stack of laundry. When Mr. Denevan demanded an…