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STATE v. ALLISON

No. 20505.

607 N.W.2d 1 (2000)

2000 SD 21

STATE of South Dakota, Plaintiff and Appellant, v. John W. ALLISON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 9, 2000.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, for plaintiff and appellant.

Daniel W. Lias, Sioux Falls, for defendant and appellee.

KONENKAMP, Justice

[¶ 1.] Defendant failed to return government issued equipment at the end of his military service with the South Dakota Army National Guard. When he was charged with theft under a law making it a crime to retain military property, the circuit court dismissed the indictment, concluding that the statute violated our constitutional prohibition on imprisonment for debt. We reverse. Service in the armed...

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