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STATE v. SCHERR

No. 22185.

654 N.W.2d 220 (2002)

2002 SD 140

STATE of South Dakota, Plaintiff and Appellee, v. Kevin SCHERR, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 20, 2002.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Sherri Sundem Wald, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Betsey Harris, Office of the Public Defender, for Pennington County, Rapid City, South Dakota, Attorney for defendant and appellant.

SABERS, Justice.

[¶ 1.] Kevin Scherr was charged with first degree murder (SDCL 22-16-4) and alternatively, second degree murder (SDCL 22-16-7). He was also charged with attempted first degree murder (SDCL 22-16-4 and SDCL 22-4-1). At the close of the State's case, Scherr moved for a judgment of acquittal based on insufficiency of evidence. The motion was denied. The trial court granted the defense's request for alternative lesser included offense instructions...

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