State v. Holland

DUNN, Justice.

This is an appeal by the State from an order of the trial court suppressing certain evidence in a prosecution for second-degree murder and manslaughter. We affirm in part and reverse in part.

During the early morning hours of July 23, 1981, twenty-three-month old Joseph Lange (Joseph) was taken to the emergency room of an Aberdeen, South Dakota, hospital by David Holland (defendant). After several resuscitation attempts by hospital staff, Joseph was declared dead. Death was attributed to anoxia, although bruises to Joseph’s face, back, and chest were also present. At the time of…