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STATE v. FLACK

No. 9652.

89 N.W.2d 30 (1958)

STATE of South Dakota, Plaintiff and Respondent, v. Leslie "Bud" FLACK, Defendant and Appellant.

Supreme Court of South Dakota.

March 31, 1958.

Attorney(s) appearing for the Case

Pat Morrison, Julius Skaug, Mobridge, Morrill & Morrill, Sturgis, for defendant and appellant.

Phil Saunders, Atty. Gen., E. D. Barron, George W. Wuest, Asst. Attys. Gen., Russell C. Molstad, State's Atty., Sturgis, for plaintiff and respondent.

HANSON, Judge.

The defendant Leslie "Bud" Flack was charged with the theft of 233 branded cattle in five counts of an information filed by the State's Attorney of Meade County. During the trial, on motion of defendant, the five counts were combined into one offense of grand larceny. The jury found defendant guilty and he was sentenced to serve ten years in the state penitentiary. He appeals.

The cattle were alleged to have been taken from George Altfillisch...

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