South Dakota Supreme Court May 24, 1972, File 10980 (State v. Goodale)

WINANS, Judge.

The defendant, Carl Goodale, and one Gene Guyton were arrested and conjointly charged with the commission of crimes under three counts:

Count 1, burglary in the third degree;

Count 2, grand larceny; and

Count 3, possession of burglary tools.

*460

They were given a preliminary hearing, were represented by separate counsel and were bound over to the circuit court on each count.