State v. Pickering

FOSHEIM, Justice.

Appellant, Michael D. Pickering, was charged and convicted of kidnapping under SDCL 22-19-1(3). We affirm on his appeal.

Appellant raises two issues, both claiming the trial court erred in refusing his proffered instructions on lesser included offenses. We recently reviewed the South Dakota law governing lesser included offense instructions in State v. Oien, 302 N.W.2d 807, 808-809 (S.D.1981):

Under the law as established in this state, it is incumbent upon the trial court to instruct the jury, if requested, upon a lesser offense included in the offense charged if the evidence…