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State v. Larson

South Dakota Supreme Court
582 N.W.2d 15 (1998)



Brian Larson (defendant) was driving his vehicle at speeds between 62 to 68 miles per hour (mph) in a 55-mph, occupied construction zone when he crossed the center line for a “split second” and struck and killed two construction workers. Larson was convicted of two counts of second degree manslaughter under state statute that defined the crime in terms of the reckless killing of another. Thereafter, the trial court denied Larson’s motion for a judgment of acquittal. Larson appealed, arguing that there was insufficient evidence of “recklessness” to support the convictions because his conduct did not rise above mere negligence or inadvertence.

Rule of Law


Holding and Reasoning (Sabers, J.)

Dissent (Amundson, J.)

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