[Download] "State South Dakota v. William Marshall" by Supreme Court of South Dakota " eBook PDF Kindle ePub Free
eBook details
- Title: State South Dakota v. William Marshall
- Author : Supreme Court of South Dakota
- Release Date : January 03, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
WINANS, Justice. Defendant, William Marshall, pled guilty to embezzlement of public monies in violation of SDCL 3-16-4. He appeals from the order suspending imposition of sentence; one condition of that order was that defendant spend thirty (30) days in the state penitentiary. Defendant contends that imprisonment cannot be imposed as a condition of probation pursuant to a suspended imposition of sentence. We agree. Defendant was charged by information with embezzlement of public funds from the municipal liquor store in Midland, South Dakota. After a preliminary hearing, he was held to answer in circuit court. He was arraigned on November 17, 1975 and pled guilty. A pre-sentence investigation was ordered at that time. On December 19, 1975 the trial Judge entered an order suspending imposition of sentence pursuant to SDCL 23-57-4. One of the conditions attached was that defendant had to serve thirty days in the state penitentiary. The order was later amended to include restitution of court appointed attorney fees as a condition of probation.
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