State v. Soft

DUNN, Justice.

This is an appeal from a conviction of second-degree burglary pursuant to SDCL 22-30A-17 and grand theft pursuant to SDCL 22-32-3. We affirm in part and reverse in part.

On the morning of February 27,1982, Mr. and Mrs. John Aman returned to their home in Mobridge, South Dakota, after an absence of approximately one week. The Amans noticed that a window in their front door was broken and Mr. Aman later discovered that some of his wife’s jewelry was missing. Mr. Aman notified the police and they arrived to investigate the incident.

The Walworth County Sheriff was in Mo-bridge that…