State v. New

536 N.W.2d 714 (1995)

STATE of South Dakota, Plaintiff and Appellee,

v.

Theodore D. NEW, Defendant and Appellant.

No. 18765.

Supreme Court of South Dakota.

Argued February 14, 1995.

Decided August 23, 1995.

Mark W. Barnett, Atty. Gen., Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Russell C. Molstad, Jr. of Morman, Smit, Hughes, Strain, Molstad and Haivala, Sturgis, for defendant and appellant.

AMUNDSON, Justice.

Defendant Theodore D. New (New) appeals his conviction for second-degree murder resulting from the death of John Mousseaux (Mousseaux). We affirm.

FACTS

On April 7,…