State v. Hawk, 12817
| Decision Date | 21 May 1980 |
| Docket Number | No. 12817,12817 |
| Citation | 292 N.W.2d 346 |
| Parties | STATE of South Dakota, Plaintiff and Appellee, v. Raymond Lewis HAWK, Defendant and Appellant. |
| Court | South Dakota Supreme Court |
Michael V. Black, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.
Russell D. Kading of Dana, Golden, Moore & Rasmussen, Sioux Falls, for defendant and appellant.
Defendant was found guilty by a jury on a charge of second-degree manslaughter arising out of the death of Freeman Hawk, his two-year-old son. We affirm.
At trial, two doctors testified about the extent and cause of Freeman Hawk's injuries. The emergency room doctor classified Freeman Hawk as a battered child whose severe bruising precluded any type of accidental cause. The pathologist who performed the autopsy testified that Freeman Hawk died of blood loss resulting from hemorrhaging in the abdominal cavity caused by trauma produced by dropping the child on his buttocks, striking him with a fist, or kicking him.
After the doctors testified, six post-mortem photographs showing specific areas of bruising on Freeman Hawk's body were admitted into evidence. Defendant argues that the 8 X 11 enlargements of the original 31/2 X 5 photographs were inflammatory, inciting the passion and prejudice of the jury.
The admission of photographs lies in the sound discretion of the trial court. State v. Disbrow, 266 N.W.2d 246 (S.D.1978). Photographs are admissible " 'when they accurately portray anything which it is competent for a witness to describe in his own words, or where they are helpful as an aid to a verbal description of objects or conditions and relevant to some material issue.' " State v. Kaseman, 273 N.W.2d 716, 726 (S.D.1978). Here, the photographs reflected the medical testimony about the extensive bruising and were relevant to the cause of death. In addition, they supplemented the pathologist's testimony about the trauma leading to the hemorrhaging and the circumstantial evidence of defendant's treatment of Freeman Hawk on the day of his death. See State v. Austin, 84 S.D. 405, 172 N.W.2d 284 (1969). Accordingly, the trial court did not abuse its discretion in admitting the photographs.
After the State and defense had rested, the trial judge admonished the jury not to discuss the case and said,
Thank you for your patience and your indulgence today. The good news is that this case was scheduled to go five days, and if it is going to go five...
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State v. Huth
...or where they are helpful as an aid to a verbal description of objects or conditions and relevant to some material issue.' " State v. Hawk, 292 N.W.2d 346 (S.D.1980). Even though photographs are somewhat gruesome, cumulative, or capable of arousing passion or prejudice in the jury, the admi......
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