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STATE v. JOHNSTON

No. 10943.

200 N.W.2d 238 (1972)

STATE of South Dakota, Plaintiff and Respondent, v. Gary Dwight JOHNSTON, Defendant and Appellant.

Supreme Court of South Dakota.

September 6, 1972.

Attorney(s) appearing for the Case

William R. Rensch, Rapid City, for defendant and appellant.

Gordon Mydland, Atty. Gen., Frances M. Niemoller, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

WINANS, Judge.

In an information filed in the circuit court at Rapid City, the defendant, Gary Johnston was charged with obtaining property by false pretenses in violation of SDCL 22-41-4. Following a jury trial, the defendant was found guilty and sentenced to eighteen months in the state penitentiary. The videlicet part of the information particularized the offense in the following language: "That the Defendant, Gary Dwight Johnston, at Rapid City, in said Pennington...

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