State v. Huth

TAPKEN, Circuit Judge.

Appellant, Charles Huth, was charged with first degree murder in the stabbing death of Glen Vaughn. After appellant pleaded not guilty and not guilty by reason of mental illness, a jury convicted him of first degree manslaughter. We modify and affirm the judgment.

Appellant and Lea Ann Huth were married in 1977. They separated in May 1979, and, in December 1979, initiated divorce proceedings. Since the separation, Lea Ann has had custody of their son Brandon and has lived with her parents in Rapid City.

On May 21, 1980, Lea Ann, Brandon, and Glen Vaughn, who was dating Lea…