STATE v. HUTH

No. 13423.

334 N.W.2d 485 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Charles Michael HUTH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 11, 1983.

Rehearing Denied June 14, 1983.


Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

John J. Burnett, Rapid City, for defendant and appellant.


TAPKEN, Circuit Judge.

Appellant, Charles Huth, was charged with first degree murder in the stabbing death of Glen Vaughn. After appellant pleaded not guilty and not guilty by reason of mental illness, a jury convicted him of first degree manslaughter. We modify and affirm the judgment.

Appellant and Lea Ann Huth were married in 1977. They separated in May 1979, and, in December 1979, initiated divorce proceedings...

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