State v. Lee

*632MILLER, Chief Justice.

[¶ 1.] David Lee appeals his conviction of the second-degree murder of his prison cellmate. We affirm.

FACTS

[¶ 2.] Lee shared a ■ cell with Robert Walth in the South Dakota State Penitentiary. During the early hours of September 9, 1997, Lee and Walth were doing beadwork and watching a movie. They were also clandestinely consuming “hooch,” a homemade alcohol. Although Lee provided investigators with two different versions of the events that followed,1 he testified at trial that, after consuming approximately eight to ten cups of hooch, he either fell asleep or passed out.…