THIBODEAU v. STATE

No. 13047.

298 N.W.2d 818 (1980)

Floyd John THIBODEAU, Petitioner and Appellant. v. STATE of South Dakota, Appellee.

Supreme Court of South Dakota.

Decided November 26, 1980.


Attorney(s) appearing for the Case

Thomas M. Frankman of Willy, Pruitt, Matthews, Hurd, Farrell, Frankman & Johnson, Sioux Falls, for petitioner and appellant.

Mark Smith, Asst. Atty. Gen., Pierre, for appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.


PER CURIAM.

Petitioner appeals from an order dismissing his petition for post-conviction relief. We affirm.

Petitioner was sentenced to life imprisonment for murder. See State v. Thibodeau, 89 S.D. 404, 233 N.W.2d 326 (1975). Jury Instruction Number 13 at petitioner's trial provided:

The term "premeditated design to effect the death" as used in the foregoing definition of murder means an intention, purpose...

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