State v. Gerdes

258 N.W.2d 839 (1977)

STATE of South Dakota, Plaintiff and Respondent,

v.

Reid GERDES, Defendant and Appellant.

No. 11963.

Supreme Court of South Dakota.

Argued April 26, 1977.

Decided October 31, 1977.

Rehearing Denied December 7, 1977.

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Steven W. Sanford, of Braithwaite & Cadwell, Sioux Falls, for defendant and appellant.

MORGAN, Justice.

As the result of a sale of a stolen tape player by the defendant he was arrested and charged on two counts, the first, third-degree burglary…