STATE v. AUSTIN

No. 10472.

172 N.W.2d 284 (1969)

STATE of South Dakota, Plaintiff-Respondent, v. Donna Jean AUSTIN, Defendant-Appellant.

Supreme Court of South Dakota.

November 19, 1969.


Attorney(s) appearing for the Case

Joseph H. Bottum, Rapid City, for defendant.

Gordon Mydland, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, for plaintiff.


RENTTO, Judge.

The defendant's 2½ year-old-son, William L. Doty, died on October 8, 1966. She and her companion, Ronnie O. Goode, were separately charged with manslaughter in the first degree arising therefrom. They were also separately tried. She first pleaded only not guilty, but later supplemented it by pleading not guilty by reason of insanity. Under SDCL 1967 23-37-1 the latter plea is now entered by pleading not guilty by reason of mental illness. The jury...

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