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STATE v. RUDE

No. 10543.

162 N.W.2d 884 (1968)

STATE of South Dakota, Plaintiff and Appellant, v. Vernon H. RUDE et al., Defendant and Respondent.

Supreme Court of South Dakota.

November 25, 1968.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., Horace R. Jackson, Spec. Asst. Atty. Gen., Pierre, for plaintiff and appellant.

Gene E. Pruitt and Acie W. Matthews, Sioux Falls, for defendant and respondent.

HANSON, Presiding Judge.

This criminal prosecution was commenced by the filing of an indictment in Minnehaha County on November 22, 1965, charging the defendant, Vernon H. Rude, and five other persons with the crime of embezzlement. A plea of not guilty was entered and defendant was found guilty of every count alleged in the indictment. Judgment and sentence were entered on November 28, 1967. Thereafter, the trial court granted defendant's motion to vacate the judgment...

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