State v. Shank & Bradley

DOYLE, Justice.

The defendants, Kenneth Shank and Bradley Weber, were convicted by a jury of the crime of burglary in the third degree and sentenced to one year each in the South Dakota State Penitentiary. In this appeal defendants assert insufficiency of the evidence to sustain the verdict.

The crime of burglary in the third degree is defined in SDCL 22-32-9:

“A person breaking or entering at any time * * * any structure or erection in which any property is kept, with intent to commit larceny or any felony, is guilty of burglary in the third degree.”

On the night of January 24, 1973, at…