State v. Dornbusch

WUEST, Justice.

This is an appeal from a judgment of conviction following a guilty verdict of second-degree burglary, under SDCL 22-32-3. We reverse and remand for a new trial.

Roger Heathcote (Heathcote) owns and operates Powell’s Gas and Grocery (Powell’s) in Watertown, South Dakota. Heath-cote has employed Pat Good (Good) for ten years and Steve Olson (Olson) for four years, both on a part-time basis. He considers them trustworthy. On Sunday, October 14, 1984, Good ran the station from 11:00 a.m. until 7:00 p.m. when Heathcote returned from visiting family members, at which time Good went…