State of South Dakota, Plaintiff and Appellee v. Roscoe Primeaux, Defendant and Appellant

Summary

The South Dakota Supreme Court affirmed Roscoe Primeaux's jury convictions for second-degree murder and two counts of aggravated assault arising from a knife attack at a party in Wagner, South Dakota. The court held SDCL 22-16-7 is not unconstitutionally vague because the trial court's instruction defined the depraved-mind and imminently-dangerous-act phrases, the statute gives fair notice, and the depraved-mind element genuinely distinguishes murder from manslaughter. It further held second-degree murder is a general intent crime, so the trial court properly refused a voluntary-intoxication diminished-capacity instruction. Finally, it held mandatory life imprisonment without parole for second-degree murder is not so excessive as to shock the conscience and is not disproportionate to this crime.