Legal Opinion
State v. Marshall
South Dakota Supreme Court
Decided December 3, 1976No. 11940PublishedCited by 37 opinions
1Opinion of the Court
WINANS, Justice.
Defendant, William Marshall, pled guilty to embezzlement of public monies in violation of SDCL 3-16-4. He appeals from the order suspending imposition of sentence; one condition of that order was that defendant spend thirty (30) days in the state penitentiary. Defendant contends that imprisonment cannot be imposed as a condition of probation pursuant to a suspended imposition of sentence. We agree.
Defendant was charged by information with embezzlement of public funds from the municipal liquor store in Midland, South Dakota. After a preliminary hearing, he was held to answer in…
2Cases cited16 opinions
- Roberts v. United StatesSupreme Court of the United States · 1943
- State v. JonesSupreme Court of Florida · 1976
- Prue v. StateWisconsin Supreme Court · 1974
- Franklin v. StateIdaho Supreme Court · 1964
- People v. LedfordSupreme Court of Colorado · 1970
11 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Davis v. United StatesDistrict of Columbia Court of Appeals · 1979
- Sprague v. StateAlaska Supreme Court · 1979
- State v. HuftileSouth Dakota Supreme Court · 1985
- State v. ObanSouth Dakota Supreme Court · 1985
- State v. GillespieSouth Dakota Supreme Court · 1989
32 more not listed; retrieve them via the Exa API.