State v. Egan

This case was here on a former appeal. The judgment ^appealed from was reversed, and the case was sent back to the trial court'for a new trial. 44 S. D. 273, 183 N. W. 652. The case was retried, and appellant was again convicted. From the judgment of conviction and from' an order denying appellant a new trial, he brings the case here on a second appeal.

At the commencement of the first trial appellant entered a plea of not guilty and proceeded! with the triál. At the beginning of the second trial he asked permission to withdraw his plea of not guilty, in order that he might interpose a…