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STATE v. SMITH

Nos. 10701, 10702.

181 N.W.2d 451 (1970)

STATE of South Dakota, Plaintiff and Respondent, v. William M. SMITH, Defendant and Appellant.

Supreme Court of South Dakota.

December 1, 1970.

Attorney(s) appearing for the Case

Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.

Gordon Mydland, Atty. Gen., and C. J. Kelly, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

PER CURIAM.

On January 24, 1968 Smith was charged in two separate indictments with violation of Section 22-38-2, SDCL 1967 (Embezzlement). The indictment in Case No. 1933 charged that the defendant being an officer and director of Consolidated Lease Corporation from January 10, 1964 to May 12, 1967 did receive and have possession of $38,515 paid by Scoblic and Reedstrom pursuant to a lease agreement and did fraudulently appropriate and embezzle $19,250 thereof. Similarly...

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