(dissenting).
I would affirm the conviction in this case for all of the reasons cited in my dissent in State v. Beene, 257 N.W.2d 589 (S.D.1977). I see no reason to perpetuate an erroneous interpretation of State v. Douglas, 70 S.D. 203, 16 N.W.2d 489 (1944), in the name of stare decisis. .