STATE v. SCHOUTEN

No. 23462.

707 N.W.2d 820 (2005)

2005 SD 122

STATE of South Dakota, Plaintiff and Appellee, v. Brian Donald SCHOUTEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 14, 2005.


Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Michelle M. Thomas-Pena, Minnehaha County Public Defender's Office, Sioux Falls, South Dakota, Attorneys for defendant and appellant.


GILBERTSON, Chief Justice.

[¶ 1.] While incarcerated at the State Penitentiary, Brian Donald Schouten was charged with one count of Assault by Inmate — Intentionally Causing Contact with Bodily Fluids or Human Waste under SDCL 22-18-26 for spitting on a correctional officer. Schouten pleaded not guilty and attempted to introduce evidence of diminished capacity at his jury trial, contending SDCL 22-18-26 is a specific intent crime. The trial court determined...

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