State v. Lange

I

I cannot concur in the part of the opinion which holds the information is insufficient to charge manslaughter in the first degree. The majority opinion cites State v. Belt, 1961, 79 S.D. 324, 111 N.W.2d 588, and while it may not be the intention to overrule it as that opinion dealt with a murder charge (SDC 13.2007) and this offense is first degree manslaughter (SDC 13.2013), it appears to me that the same principle is involved. In Belt the charge of murder stated that on a date certain defendant did "unlawfully, feloniously, wilfully and with malice aforethought, murder a human being, Earl…