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STATE v. BOYLES

No. 19783.

567 N.W.2d 856 (1997)

1997 SD 99

STATE of South Dakota, Plaintiff and Appellee, v. Jason BOYLES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 6, 1997.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Sherri Sundem Wald, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Stanley E. Whiting of Whiting Law Office, Winner, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Jason Boyles was convicted of second degree murder for a hit and run homicide. After trial, three jurors said they thought the killing was accidental and expressed confusion over the court's instructions. Boyles then sought to question all the jurors under oath. May a verdict be impeached by calling jurors to testify they misunderstood or misapplied the court's instructions? Jurors cannot testify about their mental processes in deliberations...

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