State v. Bennett

DUNN, Justice.

This is an appeal from a conviction of second-degree manslaughter in violation of SDCL 22-16-20 and driving while under the influence of an alcoholic beverage (DWI) in violation of SDCL 32-23-1(2). Michael D. Bennett (appellant) appeals from that portion of the judgment which found him guilty of second-degree manslaughter. We affirm.

At approximately 1:00 in the afternoon on April 2, 1981, appellant rode with some friends from Spearfish, South Dakota, to Deadwood, South Dakota. After one of his friends finished some business, appellant and his friends had alcoholic drinks at…