State v. Mauck

ZASTROW, Justice.

This is an appeal from a jury verdict and judgment and sentence for the felony charge of “uttering and delivering” an insufficient funds check under SDCL 22-41-1.1. We reverse.

The facts, taken in the light most favorable to the state are as follows: The defendant, Kent Mauck, operated a livestock trucking business based in Mobridge, South Dakota. In addition, defendant acted as a livestock order buyer for others, as well as himself. In the latter function, he would purchase livestock at a local livestock auction barn, transport the livestock to another local auction barn, and…