State v. Texley

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 occurred from January of 1969 to May of 1972. The trial court found that discovery of the crimes took place prior to May 23, 1974, and thus dismissed the charges on the grounds that the statute of limitations had run. SDCL 23-8-4.2 The State has appealed, contending that the time of discovery presented a factual question that should have been submitted to the jury. We hold that the…