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STATE v. FLAKE

Nos. 10504, 10506, 10541, 10542, 10551, 10552.

165 N.W.2d 55 (1969)

STATE of South Dakota, Plaintiff and Respondent, v. Lester W. FLAKE, Chan Duncan, et al., conjointly, Defendants, John E. Nelson, Defendant and Appellant. STATE of South Dakota, Plaintiff and Respondent, v. Lester W. FLAKE, John Verhoef, et al., conjointly, Defendants, John E. Nelson, Defendant and Appellant.

Supreme Court of South Dakota.

February 17, 1969.

Attorney(s) appearing for the Case

Willy, Pruitt & Matthews, Acie W. Matthews, Sioux Falls, for defendant and appellant John E. Nelson.

Frank L. Farrar, Atty. Gen., Pierre, H. R. Jackson, Rapid City, L. A. (Tony) Weisensee, Sp. Asst. Attys. Gen., Canton, Roger A. Schiager, State's Atty., Sioux Falls, for plaintiff and respondent.

HANSON, Judge.

This consolidated appeal by defendant, John E. Nelson, is from his conviction and sentence on 17 counts of embezzling corporate funds as alleged in two separate indictments. Two other indictments containing a corresponding number of counts charging the crime of malfeasance in corporate affairs were also submitted to the jury as lesser included offenses. The indictments conjointly charged defendant Nelson, Lester W. Flake, John Verhoef [or Chan Duncan...

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