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STATE v. MARSHALL

No. 11940.

247 N.W.2d 484 (1976)

The STATE of South Dakota, Plaintiff and Respondent, v. William MARSHALL, Defendant and Appellant.

Supreme Court of South Dakota.

December 3, 1976.

Attorney(s) appearing for the Case

William Janklow, Atty. Gen., Pierre, for plaintiff and respondent.

Ronald G. Schmidt, Schmidt & Schroyer, P. C., Pierre, for defendant and appellant.

WINANS, Justice.

Defendant, William Marshall, pled guilty to embezzlement of public monies in violation of SDCL 3-16-4. He appeals from the order suspending imposition of sentence; one condition of that order was that defendant spend thirty (30) days in the state penitentiary. Defendant contends that imprisonment cannot be imposed as a condition of probation pursuant to a suspended imposition of sentence. We agree.

Defendant was charged by information with...

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