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STATE v. LAIBLE

No. 20334.

594 N.W.2d 328 (1999)

1999 SD 58

STATE of South Dakota, Plaintiff and Appellee, v. Benny LAIBLE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 12, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Constance K. Nilles, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Chris A. Nipe of Larson and Nipe, Mitchell, South Dakota, Attorney for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Defendant, Ben Laible, appeals a jury verdict finding him guilty but mentally ill of second degree murder. He asserts multiple evidentiary and constitutional errors in his trial. We affirm on all issues.

Facts

[¶ 2.] Kathleen Laible, a sixty-seven-year-old widow, lived on her farm near Howard, South Dakota. In August 1996, her adult son, Ben, moved back in with her. It was not the first time. Over the years he...

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