State v. Hartley

(on reassignment).

Appellant Rodney Hartley appeals from a jury verdict finding him guilty of third-degree burglary. We remand.

Several items of clothing and food were taken from a store in Wagner, South Dakota, on March 13, 1981. Deputy Sheriff Ed Zylstra and Police Chief Francis Mach took appellant into custody for questioning regarding the burglary at approximately 8:00 a.m. that morning. Deputy Zylstra testified that he informed appellant of his rights as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Appellant was then transported to the police station…