State v. Woods , 1985 S.D. LEXIS 344 ( 1985 )

FOSHEIM, Chief Justice

(dissenting).

The jury should have been given the instructions on first and second degree manslaughter requested by Defendant-Wood. By statute, the jury must find the degree of the crime of which a defendant is found guilty. SDCL 23A-26-7. Since murder and manslaughter, and their subdivisions, are by statute all degrees of criminal homicide, the jury must be so instructed. See State v. Waff, 373 N.W.2d 18, (S.D.1985) (Fosheim, C.J., dissenting).