State v. Mouttet

(on reassignment).

A jury found Willis G. Mouttet (Mouttet) guilty of failure to appear, in violation of SDCL 23A-43-31. Mouttet appeals from the judgment and three-year penitentiary sentence. We reverse.

On August 3, 1982, Mouttet was indicted by a Douglas County grand jury on four counts of grand theft by embezzlement. A warrant was issued for his arrest. On August 24, 1982, Mouttet initially appeared in circuit court with counsel and executed a bail bond which required him to appear (1) in Armour, South Dakota, when informed to do so by the presiding judge; and (2) at other places and times…