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STATE v. KRANA

No. 12199.

272 N.W.2d 75 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Huie E. KRANA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 30, 1978.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Joseph M. Butler and Michael M. Hickey of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.

RAMYNKE, Circuit Judge.

On April 30, 1973, defendant made a delivery of corn to the Fall River Feed Lot near Hot Springs, South Dakota. Shortly thereafter, employees of the feedlot found a magnet on the scale used to weigh the trucks before and after deliveries were made. The magnet was taken off, shown to the sheriff and marked by him, and then put back on the scale. The scale was rebalanced, and it was determined that if there were no rebalancing that load of feed...

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