State v. Olsen

462 N.W.2d 474 (1990)

STATE of South Dakota, Plaintiff and Appellant,

v.

Michael K. OLSEN, Defendant and Appellee.

No. 16885.

Supreme Court of South Dakota.

Argued May 22, 1990.

Decided October 10, 1990.

John Slattery, Union County State's Atty., Elk Point, for plaintiff and appellant.

Rick Johnson of Johnson, Eklund & Davis, Gregory, for defendant and appellee.

SABERS, Justice.

The State appeals a magistrate court order dismissing a charge of manslaughter in the second degree against Michael K. Olsen.

Facts.

About 5:00 p.m. on May 24, 1989, Olsen was driving a tractor west on Highway 46, approximately…