State v. Gillespie

WUEST, Chief Justice.

Defendant, Robert Clement Gillespie, appeals his conviction of aggravated assault, in violation of SDCL 22-18-1.1(4). We affirm in part and reverse in part.

In the early morning hours of October 17, 1987, Dale Larson (Larson) was severely beaten in a parking lot near a bar in Sioux Falls, South Dakota. As a result of the beating, Larson sustained severe bruises, a broken rib, and a punctured lung. A severe blow to Larson’s chest ruptured blood vessels in the sac surrounding his heart. Blood then accumulated in the sac, exerting pressure on the heart and preventing it from…