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STATE v. PICKERING

No. 13510.

317 N.W.2d 926 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Michael D. PICKERING, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 7, 1982.

Attorney(s) appearing for the Case

Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee, Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

John P. Abbott, Brandon, for defendant and appellant.

FOSHEIM, Justice.

Appellant, Michael D. Pickering, was charged and convicted of kidnapping under SDCL 22-19-1(3). We affirm on his appeal.

Appellant raises two issues, both claiming the trial court erred in refusing his proffered instructions on lesser included offenses. We recently reviewed the South Dakota law governing lesser included offense instructions in State v. Oien, 302 N.W.2d 807, 808-809 (S.D.1981):

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