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Criminal Law Keyed to Ohlin
State v. Olsen
Citation:462 N.W.2d 474 (1990)
Olsen was driving a tractor on the highway, traveling between five and fifteen miles per hour. As he was crossing the lane of the highway, the front of the tractor was struck by a car travelling east in that lane. The collision resulted in the immediate death of the driver of the vehicle. Olsen ran from the tractor stating “I didn’t see it.” He was taken to the clinic and treated for shock.
The State charged Olsen with second degree manslaughter, which is defined as a reckless killing. SDCL 22-1-2(1)(d) defined reckless as a “conscious and unjustifiable disregard of a substantial risk that the offender’s conduct may cause a certain result or may be of a certain nature.” The magistrate court dismissed the charge, stating that the factual situation failed to meet the burden to sustain a charge. The State appealed.
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