State of South Dakota, Plaintiff and Appellee v. Thomas Pellegrino, Defendant and Appellant

Summary

The South Dakota Supreme Court affirmed Pellegrino's second-degree murder conviction for fatally shooting his unarmed friend during an argument in his trailer home. The court held the trial court did not abuse its discretion in refusing a burglary-based justifiable-homicide instruction, because the 'any felony' language of SDCL 22-16-34 codifies the common law and reaches only forcible and atrocious crimes involving danger of serious bodily harm, and the record showed no violent entry or felonious intent by the victim. The court also found the evidence sufficient, the 180-day speedy-trial computation proper after statutory exclusions, and the remaining fair-trial, grand jury, and constitutional claims meritless or waived. No separate writings were filed.