State v. Rodden

BIEGELMEIER, Judge.

Defendant was convicted of attempted burglary. On appeal he asserts the trial court erred by proceeding under SDCL 16-13-43 in procuring additional jurors after the panel had been exhausted, claiming it denied defendant due process of law and equal protection of the law. SDCL 16-13 provides for the compilation of a jury list from which jurors are selected for service in the various courts. It is from this list that jurors are drawn and summoned to appear in a number designated by judges of courts involved. This group is referred to as the regular panel.

It appears this panel…