State v. Mitchell

This is an appeal from a judgment of conviction for making or uttering a check against a non-existent account in violation of SDCL 22-41-1.2. We affirm.

Defendant, Dennis Mitchell, was tried on a three-count information for “no-aecount” checks. The jury returned a guilty verdict for Count I, which alleged that defendant passed a $42.79 check to Marv’s Market in Chester. Marv’s Market displayed a sign stating that a five dollar charge would be imposed for every returned check.

Defendant contends that the market’s practice of imposing a charge for returned checks created a contractual arrangement…