State v. Burke

BIEGELMEIER, Judge.

Defendant was convicted of escape from a prison other than the state penitentiary — a crime under SDCL 24-12-2.

After the jury had been selected and sworn the state moved to endorse the names of two additional witnesses, who were penitentiary guards, to the three names then on the information, which included the names of two other guards, as required by SDCL 23-20-4. Over defendant's objection stating surprise, that these names were well known to the state at the time of filing the information and that the defense was based on the testimony which could be given by the…