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In the Matter of T.J.E.

South Dakota Supreme Court
426 N.W.2d 23 (1988)


Eleven-year-old T.J.E. (defendant) took and ate a chocolate Easter egg while in a retail shop with her aunt. T.J.E. left the store with her aunt without paying for the chocolate. The manager of the store stopped T.J.E. outside the store, and T.J.E. admitted she ate the chocolate without paying for it. T.J.E.’s aunt offered to pay for the candy, but the manager insisted on calling the police. The state filed a delinquency petition in circuit court, alleging that T.J.E. committed second-degree burglary. After a hearing, the circuit court deemed T.J.E. a delinquent child and sustained the second-degree burglary charge. T.J.E. appealed her adjudication and disposition as a delinquent child.

Rule of Law


Holding and Reasoning (Wuest, C.J.)

Concurrence (Henderson, J.)

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