STATE v. MITCHELL

No. 13153.

309 N.W.2d 829 (1981)

STATE of South Dakota, Plaintiff and appellee, v. Dennis MITCHELL, Defendant and appellant.

Supreme Court of South Dakota.

Decided August 26, 1981.


Attorney(s) appearing for the Case

Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Jay M. Leibel of Ericsson, Spencer, Ericsson & Leibel, Madison, for defendant and appellant.


PER CURIAM.

This is an appeal from a judgment of conviction for making or uttering a check against a non-existent account in violation of SDCL 22-41-1.2. We affirm.

Defendant, Dennis Mitchell, was tried on a three-count information for "no-account" checks. The jury returned a guilty verdict for Count I, which alleged that defendant passed a $42.79 check to Marv's Market in Chester. Marv's Market displayed a sign stating that a five dollar charge would be imposed...

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