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STATE v. LYERLA

No. 15446.

424 N.W.2d 908 (1988)

STATE of South Dakota, Plaintiff and Appellee. v. Gerald K. LYERLA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 8, 1988.

Attorney(s) appearing for the Case

Roger Tellinghuisen, Atty. Gen., John W. Bastian, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

James E. Carlon, Pierre, for defendant and appellant.

KONENKAMP, Circuit Judge.

A jury convicted Gerald K. Lyerla (Lyerla) of second degree murder and two counts of attempted second degree murder. We affirm the second degree murder conviction, but reverse the convictions for attempted second degree murder.

On the night of January 18, 1986, while driving east on Interstate 90 in Haakon County, Lyerla fired three shots with his .357 magnum pistol at a pickup truck carrying three teenage girls. One was

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