State v. Gage

302 N.W.2d 793, 1981 S.D. LEXIS 223
CourtSouth Dakota Supreme Court
DecidedMarch 4, 1981
Docket13139
StatusPublished
Cited by48 cases

This text of 302 N.W.2d 793 (State v. Gage) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gage, 302 N.W.2d 793, 1981 S.D. LEXIS 223 (S.D. 1981).

Opinions

MORGAN, Justice.

A Fall River County jury found appellant guilty of first-degree robbery in violation of SDCL 22-30-1 and 22-30-7. The trial court sentenced him to serve ten years at the South Dakota State Penitentiary in Sioux Falls, South Dakota. Appellant appealed from that final judgment and sentence. We reverse and remand for a new trial.

Appellant had lived in Edgemont, South Dakota. Around 6:00 p. m. on February 1, 1980, he moved out of his Edgemont apartment. He loaded his belongings into his car and departed, stopping at a couple of places on his way out of town to say good-bye to friends.

At about 8:30 p. m. on that same evening, a man entered the Edgemont Mini Market. Patricia Bennett (Bennett), the cashier, was the only employee on duty, and no one else was in the store at that time. After taking money out of the till while pointing a gun at Bennett, the man fled from the store.

On February 4, 1980, a warrant was issued for appellant’s arrest for committing first-degree robbery. The arrest warrant was issued on the basis of Officer Ronald [795]*795Berens’ affidavit,

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Cite This Page — Counsel Stack

Bluebook (online)
302 N.W.2d 793, 1981 S.D. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gage-sd-1981.