State v. Texley

275 N.W.2d 872 (1979)

STATE of South Dakota, Plaintiff and Appellant,

v.

Harvey L. TEXLEY, Defendant and Respondent.

No. 12469.

Supreme Court of South Dakota.

Argued November 16, 1978.

Decided March 1, 1979.

Thomas J. Welk, Asst. Atty. Gen., Pierre, for plaintiff and appellant; William J. Janklow, Atty. Gen., Pierre, on brief.

Thomas W. Stanton, Brookings, for defendant and respondent.

FOSHEIM, Justice (on reassignment).

The State, by an information filed May 23, 1977, charged defendant with embezzlement by an employee, in violation of SDCL 22-38-5.[1] The crimes with which defendant was charged…