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STATE v. MOUTTET

No. 14697.

372 N.W.2d 121 (1985)

STATE of South Dakota, Plaintiff and Appellee, v. Willis G. MOUTTET, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 31, 1985.

Attorney(s) appearing for the Case

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

Randolph F. Stiles and Robert W. Swank of Hanson, Stiles, Anderson & Swank, Mitchell, for defendant and appellant.

WUEST, Acting Justice (on reassignment).

A jury found Willis G. Mouttet (Mouttet) guilty of failure to appear, in violation of SDCL 23A-43-31. Mouttet appeals from the judgment and three-year penitentiary sentence. We reverse.

On August 3, 1982, Mouttet was indicted by a Douglas County grand jury on four counts of grand theft by embezzlement. A warrant was issued for his arrest. On August 24, 1982, Mouttet initially appeared in circuit court with counsel and...

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