STATE v. KESSLER

No. 25031.

772 N.W.2d 132 (2009)

2009 SD 76

STATE of South Dakota, Plaintiff and Appellee, v. Jerome D. KESSLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 19, 2009.


Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Steven R. Blair, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Manuel J. de Castro, Jr. of de Castro Law Offices, PLLC, Madison, South Dakota, Attorney for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] A jury found defendant guilty of aggravated grand theft by deception and he appeals. Because there was insufficient evidence that defendant intended to deceive his victims at the time he entered into a loan agreement or accepted loan proceeds, we reverse.

Background

[¶ 2.] Defendant Jerome Kessler met Sharon and Eugene Hemmer sometime in 2005, while defendant was handing out fliers advertising his construction...

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