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STATE v. NUSS

No. 9941.

114 N.W.2d 633 (1962)

STATE of South Dakota, Plaintiff and Respondent, v. W. P. NUSS, Defendant and Appellant.

Supreme Court of South Dakota.

April 11, 1962.

Attorney(s) appearing for the Case

Acie W. Matthews, Sioux Falls, for defendant and appellant.

A. C. Miller, Atty. Gen., Robert D. Hofer, Asst. Atty. Gen., Pierre, William F. Clayton, State's Atty., Roger A. Schiager, Asst. State's Atty., Sioux Falls, for plaintiff and respondent.

Thomas J. Simmons, Sioux Falls, Stephens, Riter & Mayer, Pierre, George Gisler, Kansas City, Mo., amicus curiae.

HANSON, Judge.

This is a criminal action prosecuted by the State against W. P. Nuss, who is a solicitor of students for Gale Institute, Inc., a privately owned vocational training school located in Minneapolis, Minnesota. On October 12, 1960 defendant Nuss collected from Geraldine Helm of Sioux Falls, South Dakota, the sum of $150 as advance tuition for a course of instruction in automation (operation of IBM machines). Defendant was thereafter charged with and convicted...

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