State v. Watkins

MORGAN, Justice.

This is an appeal from circuit court for the Second Judicial Circuit of a conviction for escape. Appellant contends that he was not allowed the proper number of peremptory jury challenges and that the habitual criminal statute was improperly utilized against him in sentencing. We affirm.

Appellant had been imprisoned in the South Dakota State Penitentiary serving a ten-year sentence for third-degree burglary. One morning appellant was determined to be missing from the penitentiary and was believed to have escaped. Near midnight that same day, he was apprehended in a barn near…