State v. Vargas
Annotate this CaseAfter a jury trial, Defendant was found guilty of attempted fetal homicide. The Supreme Court reversed, holding (1) Defendant was improperly convicted of the crime of attempted fetal homicide because the jury did not have to find that he had the specific intent to cause the death of the unborn child, which is an element the State had the burden to prove; (2) Defendant’s spousal privilege and right to confrontation was violated by the circuit court’s admission of a taped conversation between him and his wife; and (3) the circuit court did not abuse its discretion by admitting other act evidence under S.D. Codified Laws 19-19-404(b).
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