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STATE v. DILWORTH

Nos. 10387, 10389.

159 N.W.2d 795 (1968)

STATE of South Dakota, Plaintiff and Respondent, v. William R. DILWORTH and Lester W. Flake, Defendants and Appellants.

Supreme Court of South Dakota.

Rehearing Denied July 30, 1968.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., Tony Weisensee, Horace R. Jackson, Spec. Asst. Atty. Gen., Pierre, for plaintiff and respondent.

John E. Burke and Gene E. Pruitt, Sioux Falls, for defendants and appellants.

BIEGELMEIER, Judge.

Defendants Dilworth and Flake were conjointly indicted and convicted for fraudulently appropriating and converting to a use not in the due and lawful execution of their trust $7,000 of the Commonwealth Investment Corporation of which they were officers, directors, agents and stockholders contrary to SDC 13.4003 of the Code of 1939, commonly known as embezzlement. The State claimed defendants, while actively in charge of Commonwealth as President...

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