STATE v. QUINN

No. 21435.

623 N.W.2d 36 (2001)

2001 SD 25

STATE of South Dakota, Plaintiff and Appellee, v. Carson J. QUINN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 28, 2001.

Rehearing Denied April 10, 2001.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Timothy G. Bartlett, Ann C. Meyer, Paul E. Bachand, Assistant Attorneys General, Pierre, SD, Attorneys for plaintiff and appellee.

Edward C. Carpenter of Costello, Porter, Hill, Heisterkamp, Bushnell and Carpenter, and Ronald W. Banks of Banks, Johnson, Colbath & Kerr, Rapid City, SD, Attorneys for defendant and appellant.


SABERS, Justice

[¶ 1.] Quinn provided funeral services to indigent persons and received burial assistance payments from Pennington County. In addition to these payments, Quinn collected monies from other sources. The State alleges the failure of Quinn to refund payment to the county after collecting additional monies from other sources constitutes theft by deception. In a court trial based on a stipulation, Quinn was...

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