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2005 S.D. 13

State v. Calin

South Dakota Supreme Court

Decided January 26, 2005

South Dakota Supreme Court · decided 2005-01-26

Decided 2005-01-26

KONENKAMP, Justice

¶1(dissenting).

¶2[¶ 22.] The evidence in this case simply does not support a finding of guilt beyond a reasonable doubt. Although the trial judge deserves deference on his credibility findings, and granting the judge’s skepticism on the psychiatric testimony, the record appears uncontradicted that the defendant was incapable of understanding the wrongfulness of the acts charged against him. He should have been found not guilty by reason of insanity. ■

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