State v. Larson
South Dakota Supreme Court
582 N.W.2d 15 (1998)
Relevant factsFree
Brian Larson (defendant) drove between 62 and 68 mph through a 55-mph, occupied construction zone; he crossed the center line for a split second and struck and killed two construction workers. He was convicted of two counts of second-degree manslaughter, defined by statute in terms of a reckless killing, and the trial court denied his motion for acquittal. Larson appealed, arguing his conduct amounted to no more than ordinary negligence rather than the recklessness the statute required.
IssueFree
Whether, in South Dakota, recklessness under the state's manslaughter statute requires a showing of more than ordinary negligent conduct by the defendant.