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STATE v. HUBER

No. 25116.

789 N.W.2d 283 (2010)

2010 S.D. 63

STATE of South Dakota, Plaintiff and Appellee, v. Kenneth C. HUBER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 28, 2010.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Steven R. Blair , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Michael J. Butler , Clint L. Sargent , of Meierhenry & Sargent, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] A jury found Kenneth C. Huber (Huber) guilty of first degree murder in connection with the shooting death of his wife, Pam Huber. The only dispute was whether the shooting was accidental or intentional. The State's theory was that Huber, a former chief of police, was an expert marksman who was too well-trained in the safe-handling of handguns for the shooting to have been an accident. Over Huber's Daubert objection, the circuit...

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