STATE v. THOMASON

No. 26594.

845 N.W.2d 640 (2014)

2014 S.D. 18

STATE of South Dakota, Plaintiff and Appellee, v. Kenneth Dale THOMASON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 9, 2014.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Craig M. Eichstadt , Assistant Attorney General, Pierre, South Dakota, for plaintiff and appellee.

Ellery Grey , Grey Law, Rapid City, South Dakota, for defendant and appellant.


SEVERSON, Justice

[¶ 1.] Kenneth Dale Thomason, Jr. (Thomason) was convicted of Aggravated Grand Theft by Deception Over $100,000 and sentenced to 25 years in the South Dakota State Penitentiary. Thomason appeals arguing the trial court erred by: (1) refusing to grant his Motion for Judgment of Acquittal; (2) failing to instruct the jury regarding the defense of advice of counsel; and (3) instructing the jury that it could consider defendant's flight as it related...

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