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STATE v. THOMALE

No. 13473.

317 N.W.2d 147 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Myron A. THOMALE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 17, 1982.

Attorney(s) appearing for the Case

Miles F. Schumacher, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Brent A. Wilbur of May, Adam, Gerdes & Thompson, Pierre, for defendant and appellant.

DUNN, Justice.

Defendant Myron Thomale appeals from a jury verdict finding him guilty of the crime of attempting to obtain possession of a controlled substance by misrepresentation, forgery, or fraud.1 We affirm.

On February 28, 1981, defendant presented a medical record transfer sheet from a doctor in Minneapolis, Minnesota, to Dr. E. C. Collins in Gettysburg, South Dakota. The medical record indicated that defendant had lung...

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