State v. Wiegers

WOLLMAN, Justice.

Defendant appeals from his conviction by a Brule County jury of two counts of conspiracy to commit premeditated murder and of the lesser included offense of manslaughter in the second degree.1 We affirm in part and remand in part.

The charges against defendant arose out of the killing of Russell Keller of Deadwood on October 22, 1981. On January 28, 1983, a Lawrence County grand jury returned an indictment charging defendant as follows:

[T]hat Donald Wiegers did:

Ct.I: CONSPIRACY TO COMMIT PREMEDITATED MURDER:

Willfully, unlawfully and feloniously, between the months of March and…