State v. Hurst

SABERS, Justice.

Defendants appeal them convictions for conspiracy to commit theft by deception and theft by deception. We affirm.

1. Theft by Deception1

State claims that defendants Willard Hurst, Jr. (Hurst) and Telford Tofflemire (Tofflemire) contracted with MDS to incinerate MDS’ medical waste in Aberdeen, S.D. State further claims that Defendants buried the medical waste in Mellette County, South Dakota instead of incinerating it at Aberdeen as contracted, thereby deceptively obtaining substantial sums of money from MDS and that this conduct constituted conspiracy and theft by deception.…