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STATE v. HURST

Nos. 18089, 18090.

507 N.W.2d 918 (1993)

STATE of South Dakota, Plaintiff and Appellee, v. Willard HURST, Jr., Defendant and Appellant. STATE of South Dakota, Plaintiff and Appellee, v. Telford TOFFLEMIRE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 10, 1993.

Attorney(s) appearing for the Case

Mark W. Barnett, Atty. Gen., Charles M. McGuigan, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Stan H. Anker, Rapid City, for defendant and appellant, Hurst.

Curt R. Ewinger, Rice and Ewinger, Aberdeen, for defendant and appellant, Tofflemire.

SABERS, Justice.

Defendants appeal their convictions for conspiracy to commit theft by deception and theft by deception. We affirm.

1. Theft by Deception1

State claims that defendants Willard Hurst, Jr. (Hurst) and Telford Tofflemire (Tofflemire) contracted with MDS to incinerate MDS' medical waste in Aberdeen, S.D. State further claims that Defendants buried the medical waste in Mellette County, South Dakota instead...

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