South Dakota Supreme Court

State, Respondent v. Thomlinson, Appellant

January 9, 196078 S.D. 235

Summary

The court reversed Thomlinson’s burglary conviction and ordered a new trial because a member of the burglarized cooperative was improperly allowed to serve on the jury. It also held that Thomlinson had voluntarily and intelligently waived counsel and therefore had the constitutional right to represent himself, which the trial court improperly denied. The court concluded that appointing counsel to consult with him at arraignment was permissible, but forcing counsel upon him at trial was not.