Legal Opinion
State v. Derby
South Dakota Supreme Court
Decided November 7, 1990No. 16960PublishedCited by 8 opinions
1Opinion of the Court
WUEST, Justice.
Duane Derby (Derby) appeals a judgment of conviction of third-degree burglary. We affirm.
The facts are not disputed: Sometime between the hours of 2:00 a.m. and 8:00 a.m. on August 24, 1989, Derby and two companions removed a window of the Rau-ville Bar and Cafe in Rauville, South Dakota. Derby entered the business through the window opening and unlocked one of the Bar’s doors for his companions. The intruders stole several cases of beer and a number of other items regularly sold in the Bar’s business. Derby contends that he cannot be convicted of third-degree burglary because…
2Cases cited6 opinions
- People v. GauzeCalifornia Supreme Court · 1975
- People v. BarryCalifornia Supreme Court · 1892
- In re T.J.E.South Dakota Supreme Court · 1988
- State v. BlairSouth Dakota Supreme Court · 1979
- State v. ErdmannSouth Dakota Supreme Court · 1980
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. Shannon Wayne TigheCourt of Appeals for the Ninth Circuit · 2001
- State v. OsterSouth Dakota Supreme Court · 1993
- State v. BurdickSouth Dakota Supreme Court · 2006
- State v. MirandaSouth Dakota Supreme Court · 2009
- State v. BurdickSouth Dakota Supreme Court · 2006
3 more not listed; retrieve them via the Exa API.