STATE v. NELSON

No. 12428.

272 N.W.2d 817 (1978)

STATE of South Dakota, Respondent, v. James Leroy NELSON, Petitioner and Appellant.

Supreme Court of South Dakota.

Decided December 26, 1978.


Attorney(s) appearing for the Case

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for respondent; William J. Janklow, Atty. Gen., Peter H. Lieberman, Asst. Atty. Gen., Pierre, on the brief.

Wynn A. Gunderson, Rapid City, for petitioner and appellant.


DUNN, Justice.

Petitioner Nelson appeals from a denial of post-conviction relief stemming from his jury conviction of murder. The trial court ruled that the jury instructions given at petitioner's murder trial did not shift the burden of proof from the state to petitioner regarding the element of premeditation and that the instructions did not violate the due process clause of the Fourteenth Amendment of the United States Constitution. We affirm.

Petitioner...

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