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State v. Lyerla

Supreme Court of South Dakota

424 N.W.2d 908 (1988)

Relevant factsFree

Lyerla (defendant) became enraged while driving on an interstate when a pickup truck's driver wouldn't let him pass; he briefly exited but returned when he saw the truck had stopped nearby, loaded his pistol, re-entered the interstate, and fired three shots at the passenger side of the truck as it tried to pass him again. Jensen, the driver, was killed by one shot; two other girls riding in the truck were unharmed. Lyerla testified he feared for his life and fired only to disable the truck. He was acquitted of first-degree murder and attempted first-degree murder, but convicted of second-degree murder for Jensen's death and of attempted second-degree murder for the two unharmed passengers, and he appealed.

IssueFree

Whether attempted second-degree murder is a criminal offense.

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