About: State v. Lyerla

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State v. Lyerla, Supreme Court of South Dakota, 424 N.W.2d 908 (1988), is a criminal case in which it was found that an attempt to commit a crime with an element of recklessness is a logical impossibility; specifically, that attempted second degree murder is logically impossible. Lyerla randomly shot into a truck three times after being goaded by the driver of the truck. One shot killed the driver and the others did not hit the driver or either of two passengers. The court agreed with Lyerla and reversed the conviction. The court wrote:

Attributes	Values
rdfs:label	State v. Lyerla (en)
rdfs:comment	State v. Lyerla, Supreme Court of South Dakota, 424 N.W.2d 908 (1988), is a criminal case in which it was found that an attempt to commit a crime with an element of recklessness is a logical impossibility; specifically, that attempted second degree murder is logically impossible. Lyerla randomly shot into a truck three times after being goaded by the driver of the truck. One shot killed the driver and the others did not hit the driver or either of two passengers. The court agreed with Lyerla and reversed the conviction. The court wrote: (en)
name	State v. Lyerla (en)
dcterms:subject	1988 in United States case law U.S. state criminal case law South Dakota state case law Legal history of South Dakota
Wikipage page ID	51887341 (xsd:integer)
Wikipage revision ID	1080835351 (xsd:integer)
Link from a Wikipage to another Wikipage	North Western Reporter Homicide Intent 1988 in United States case law U.S. state criminal case law Frank Henderson (South Dakota politician) John K. Konenkamp South Dakota state case law Attempt Recklessness (law) Robert A. Miller (judge) Legal history of South Dakota Richard W. Sabers Second degree murder Criminal case Supreme Court of South Dakota Intent (law) Specific intent Logical impossibility dbr:Robert_E._Morgan dbr:George_W._Wuest
Link from a Wikipage to an external page	https://law.justia.com/cases/south-dakota/supreme-court/1988/15446-1.html https://scholar.google.com/scholar_case%3Fcase=4613143154971789765&q=State+v.+Lyerla&hl=en&as_sdt=2006 https://www.courtlistener.com/opinion/1700871/state-v-lyerla https://www.leagle.com/decision/19881332424nw2d90811323
sameAs	State v. Lyerla State v. Lyerla
dbp:wikiPageUsesTemplate	dbt:Caselaw_source dbt:Efn dbt:Notelist dbt:One_source dbt:Reflist dbt:Rp dbt:Start_date dbt:Infobox_court_case dbt:US-case-law-stub
case	State v. Lyerla (en)
citations	17280.0 (second)
court	Supreme Court of South Dakota
courtlistener	https://www.courtlistener.com/opinion/1700871/state-v-lyerla
full name	State of South Dakota, Plaintiff and Appellee. v. Gerald K. Lyerla, Defendant and Appellant. (en)
judges	George W. Wuest, Robert E. Morgan, Frank Henderson, Richard W. Sabers, John K. Konenkamp (en)
justia	https://law.justia.com/cases/south-dakota/supreme-court/1988/15446-1.html
keywords	Homicide Intent (law) (en)
has abstract	State v. Lyerla, Supreme Court of South Dakota, 424 N.W.2d 908 (1988), is a criminal case in which it was found that an attempt to commit a crime with an element of recklessness is a logical impossibility; specifically, that attempted second degree murder is logically impossible. Lyerla randomly shot into a truck three times after being goaded by the driver of the truck. One shot killed the driver and the others did not hit the driver or either of two passengers. Lyerla was convicted of second degree murder for killing the driver. Lyerla was convicted on two counts of attempted second degree murder of each passenger. Lyerla appealed on the ground that it is a logical impossibility to attempt second degree murder, since attempt requires specific intent and recklessness implies lack of such intent. Implied in the jury finding of second degree murder, rather than first degree murder which was also sought, was lack of specific intent to kill anyone in the truck, but rather a reckless disregard for their life. The court agreed with Lyerla and reversed the conviction. The court wrote: "In order to attempt to commit a crime, there must exist in the mind of the perpetrator the specific intent to commit the acts constituting the offence. To attempt second degree murder one must intend to have a criminally reckless state of mind... [a] logical impossibility." (en)
concurring	Morgan, Henderson, Wuest (en)
date decided	1988-06-08 (xsd:date)
decision by	Konenkamp (en)
dissenting	Sabers (en)
googlescholar	https://scholar.google.com/scholar_case%3Fcase=4613143154971789765&q=State+v.+Lyerla&hl=en&as_sdt=2006
leagle	https://www.leagle.com/decision/19881332424nw2d90811323
number of judges	5 (xsd:integer)
prov:wasDerivedFrom	wikipedia-en:State_v._Lyerla?oldid=1080835351&ns=0
page length (characters) of wiki page	3835 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:State_v._Lyerla
is Link from a Wikipage to another Wikipage of	Attempt
is foaf:primaryTopic of	wikipedia-en:State_v._Lyerla

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