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STATE v. GOULDING

No. 25496.

799 N.W.2d 412 (2011)

2011 S.D. 25

STATE of South Dakota, Plaintiff and Appellee, v. Robert GOULDING, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 15, 2011.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Ted L. McBride , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Timothy J. Rensch of Rensch Law Office, Rapid City, South Dakota, for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Allen Kissner wanted to die and had failed in an attempt to take his own life. Kissner subsequently asked Robert Goulding to take Kissner's life with a gun. Goulding agreed. He fatally shot Kissner and was convicted of first degree murder. Goulding now appeals his conviction arguing that the circuit court erred in precluding him from presenting a defense that the shooting constituted assisted suicide rather than murder. We affirm the conviction...

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