State v. Goulding, 799 N.W.2d 412

Kissner sought death due to prison likelihood, drug addiction, and chronic pain; Kissner asked Goulding to kill him with a gun; Goulding fired a gun at Kissner following Kissner’s request, causing immediate death; Goulding disposed of the gun and glove; Kissner’s body was found the next day; Goulding was convicted of first-degree murder and sought to present an assisted suicide defense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does SDCL 22-16-37 apply when a third party overt act causes death?	Goulding’s theory fits assisted suicide via third-party overt act.	Assisted suicide requires the decedent’s own death, not a third-party killing.	No; third-party overt act causing death is not assisted suicide.
Does corpus delicti SDCL 22-16-2 affect the elements of assisted suicide?	Corpus delicti supports adding a ‘killing by the accused’ element.	Corpus delicti does not redefine statutory elements.	Corpus delicti is an evidentiary requirement, not a substantive element.
Whether circuit court erred by precluding assisted suicide defense and related instructions?	Prohibiting assisted suicide instruction prejudices Goulding.	Instructional framing should follow statute and case law distinguishing murder from suicide.	Court properly precluded assisted suicide as a defense.

State v. Miranda, 2009 S.D. 105, 776 N.W.2d 77 (S.D. 2009) (de novo review of statutory interpretation of assisted suicide statute)
State v. Bates, 76 S.D. 23, 71 N.W.2d 641 (S.D. 1955) (corpus delicti evidentiary standard and corroboration requirements)
Smith v. United States, 348 U.S. 147, 75 S. Ct. 194 (U.S. 1954) (corpus delicti doctrine and corroboration of confessions)
People v. Gordon, 32 P.3d 575 (Colo. App. 2001) (assisted suicide statutes typically do not cover third-party overt acts causing death)
Cobb v. State, 229 Kan. 522, 625 P.2d 1133 (Kan. 1981) (no assisted suicide when decedent did not self-kill; third party’s overt act governs murder)