State v. Wade
| Decision Date | 12 June 1968 |
| Docket Number | No. 10403,10403 |
| Citation | 159 N.W.2d 396,83 S.D. 337 |
| Parties | STATE of South Dakota, Plaintiff and Respondent, v. Sylvester WADE, Defendant and Appellant. |
| Court | South Dakota Supreme Court |
William F. Brady, Rapid City, on the brief, William M. Rensch, Rapid City, for defendant and appellant.
Frank L. Farrar, Atty. Gen., Michael Strain, Asst. Atty. Gen., Pierre, R. James Brennan, State's Atty., Rapid City, for plaintiff and respondent.
Defendant, Sylvester Wade, was charged with and found guilty by a jury of the crime of second degree manslaughter, alleged to have been committed on the 27th day of May, 1966 in Pennington County while operating a motor vehicle in a negligent manner under the influence of intoxicating liquor. He appeals.
Contrary to defendant's assertion the evidence amply sustains the verdict. In summary it appears the decedent, John Ripple, was an airman stationed at Ellsworth Airbase near Rapid City. Sometime after 8:30 in the evening of May 27, 1966 he was walking along the approach road to the Airbase.
Shortly after 9:00 a young couple, Terry Updegrove and Deanene Greer, left Rapid City. As they proceeded east on Highway 14--16 on their way to the Airbase a car approached from the rear swerving from one side of the road to the other. The car passed at a high rate of speed and was observed to be a 1962 or 1963 Chevy II black station wagon driven by a man. It turned off on the approach road to the Airbase and continued to be driven in a swerving and reckless manner. The headlights of the station wagon flashed on something and the young couple thought a pedestrian had been hit. They stopped and looked, but found nothing. About a half hour later they reported to the airman on duty at the Airbase gate they had seen a black '62 to '64 Chevy II station wagon swerving down the road at a fast rate of speed and thought it was a drunk driver. Airman Second Class John Ripple's body was discovered about 5:00 a.m. the next morning lying in the ditch in the same area the young couple had searched the previous evening. An autopsy revealed multiple severe injuries.
Defendant had been drinking on the day of the crime. There is evidence he arrived at the trailer court where he lived in an intoxicated condition about 9:00 in the evening. He drove in a reckless manner and had difficulty getting his car into the driveway. An argument with his wife followed. Among other things defendant said he had a bottle of booze. His wife replied 'She was sick and tired of this and she was going in and she was going to get the baseball bat'. Defendant left the trailer court in his 1963 Chevy II black station wagon about 9:15 or 9:20. He was driving fast and recklessly. The trailer court is located off Highway 16 near the Airbase. Neighbors observed defendant's return to the trailer court in about half an hour. His car was parked near his trailer court lot.
In response to a neighbor's complaint the town marshal and his deputy stopped at defendant's trailer about 10 o'clock in the evening and obtained the keys to defendant's car so it would not be driven again that night. Defendant apparently was in bed and the keys were obtained from his wife. In checking the car to see if the key was in the ignition switch the officers observed no damage to the car.
About 7 o'clock in the morning of May 28th defendant's wife called the sheriff about the condition of their car. Investigation showed considerable damage to the right-hand side. The windshield was broken, the right headlight was cracked, the antenna was broken, and there was a heavy mark on the right front fender. According to laboratory agents of the FBI, hairs taken from the windshield and dash of defendant's car possessed the same microscopic characteristics as decedent's hair; textile fibers found on the leading edge of the fender matched fibers in decedent's jacket; particles of glass found on decedent's clothing had the same optical and physical characteristics as the broken windshield; and paint smears on decedent's clothing were the same color and composition as the top layer of paint on the fender of defendant's station wagon.
The verdict of the jury was based on competent evidence amply sufficient to warrant conviction of the crime of second degree manslaughter. Although circumstantial in nature the facts and circumstances are consistent with each other and with defendant's guilt, and could not by any reasonable theory be true and defendant be innocent. State v. Thomas, 78 S.D. 568, 105 N.W.2d 549; State v. Rasch, 70 S.D. 517, 19 N.W.2d 339. The minor conflicts and inconsistencies in the testimony of the various witnesses were resolved by the jury.
On defendant's motion before trial the court entered its order requiring the State, by and through the States Attorney's office of Pennington County, to produce for defendant's inspection or copying:
1. All maps, plats and drawings relative in any way to this action in the possession of the States Attorney, Sheriff, Deputy Sheriff, South Dakota Motor Patrol, or any other witness known to the States Attorney's office.
2. All photographs taken at the scene of the alleged incident; of the deceased; of the automobile alleged to have been involved in the death of deceased; of the trailer court in which defendant lives, and any other photographs taken in connection with the investigation or preparation of this action by the States Attorney's office whether taken by an investigating officer or the States Attorney's office.
3. All notebooks, typewritten notes or other memoranda of any and all investigating officers who investigated the circumstances regarding this cause of action, which notebooks, typewritten notes or other memoranda relate to any conversations with any witnesses interrogated in regard to this alleged offense or of any facts or measurements or exhibits relating to this offense known to the States Attorney's office or can be discovered.
4. All handwritten or typewritten statements, whether signed or unsigned, of any and all witnesses interrogated by any investigating officer relating to the offense.
5. The names and addresses so far as known to the States Attorney's...
To continue reading
Request your trial
-
State v. Erickson
...U.S. v. Beaver, 524 F.2d 963, 966 (5th Cir.1975), cert. denied, 425 U.S. 905, 96 S.Ct. 1498, 47 L.Ed.2d 756. In State v. Wade, 83 S.D. 337, 343, 159 N.W.2d 396, 400 (1968), this court affirmed a trial court's denial of discovery request in a criminal case [a] general hunting or fishing lice......
-
State v. Buchholz
...State v. Catch the Bear, 352 N.W.2d 640, 644 (S.D.1984) (citing State v. Means, 268 N.W.2d 802, 815 (S.D.1978); State v. Wade, 83 S.D. 337, 343, 159 N.W.2d 396, 400 (1968); see also State v. Erickson, 525 N.W.2d 703, 711 ¶28 Buchholz failed to make any showing that the traffic safety check ......
-
State v. O'Connor
...Williams, 84 S.D. 547, 173 N.W.2d 889 (1970), approving the trial courts' discretion in imposing a maximum sentence.6 State v. Wade, 83 S.D. 337, 159 N.W.2d 396 (1968); the documents must be evidential in character, State ex rel. Wagner v. Circuit Court, 60 S.D. 115, 244 N.W. 100 (1932).7 A......
-
State v. Catch the Bear
...of discovery permitted by either side rests in the discretion of the court. State v. Means, 268 N.W.2d 802 (S.D.1978); State v. Wade, 83 S.D. 337, 159 N.W.2d 396 (1968). The State's Attorney conceded that the Ellison deposition would involve discovery. The trial court nevertheless found tha......