Thibodeau v. State

Petitioner appeals from an order dismissing his petition for post-conviction relief. We affirm.

Petitioner was sentenced to life imprisonment for murder. See State v. Thibodeau, 89 S.D. 404, 233 N.W.2d 326 (1975). Jury Instruction Number 13 at petitioner’s trial provided:

The term “premeditated design to effect the death” as used in the foregoing definition of murder means an intention, purpose or deliberation to kill or take the life of the person killed, distinctly formed and existing in the mind of the perpetrator before committing the act resulting in the death of the person killed.

A…