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STATE v. MAUCK

No. 12200.

270 N.W.2d 56 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Kent MAUCK, Defendant and Appellant.

Supreme Court of South Dakota.

September 21, 1978.

Attorney(s) appearing for the Case

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Charles Poches, Jr., Fort Pierre, for defendant and appellant.

ZASTROW, Justice.

This is an appeal from a jury verdict and judgment and sentence for the felony charge of "uttering and delivering" an insufficient funds check under SDCL 22-41-1.1. We reverse.

The facts, taken in the light most favorable to the state are as follows: The defendant, Kent Mauck, operated a livestock trucking business based in Mobridge, South Dakota. In addition, defendant acted as a livestock order buyer for others, as well as himself. In the...

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