State v. Michael Bert Swan, 925 N.W.2d 476

Victim Angelina Swan was found dead; autopsy showed atlanto‑occipital dislocation (internal decapitation) and extensive bruising; medical examiner concluded death likely from stomping on the neck.
Michael Swan (husband) told investigators he and Angelina had been "squabbling," had been drinking, he "popped" her foot after she kicked him, later found her unresponsive, attempted resuscitation, and called a friend.
Neighbors testified the couple frequently argued; evidence showed Angelina was dependent and had mobility/cognitive issues.
State charged Swan with second‑degree murder (act imminently dangerous evincing a depraved mind); he was convicted and sentenced to life.
At trial Swan requested jury instructions on lesser included offenses (first‑ and second‑degree manslaughter); the court denied them. Swan also moved for judgment of acquittal twice; both were denied.
On appeal the South Dakota Supreme Court held the trial court abused its discretion by refusing a first‑degree manslaughter instruction (heat of passion) and reversed and remanded for a new trial; it affirmed denial of a second‑degree manslaughter instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court erred by refusing first‑ and second‑degree manslaughter instructions	State: no factual basis for manslaughter instructions; evidence supports murder only	Swan: evidence of repeated provocation, alcohol, frustration, and dependency supports "heat of passion" (first‑degree) and at least some lesser offense evidence	Reversed as to first‑degree manslaughter (instruction should have been given); affirmed denial as to second‑degree manslaughter
Whether evidence was sufficient to sustain second‑degree murder conviction	State: autopsy and bruising show homicidal stomping consistent with depraved‑mind murder	Swan: death could have resulted from an accidental fall; insufficient evidence of depraved mind	Court did not decide sufficiency because it reversed on instructional error (first‑degree manslaughter)

State v. Randle, 916 N.W.2d 461 (S.D. 2018) (standard of review and entitlement to lesser‑included instruction if some evidentiary foundation exists)
State v. Waloke, 835 N.W.2d 105 (S.D. 2013) (court must consider whether there is some evidence supporting a lesser‑included instruction)
State v. Hoadley, 651 N.W.2d 249 (S.D. 2002) (discussion of lesser‑included instruction standard)
State v. Williams, 748 N.W.2d 435 (S.D. 2008) (refusal to give lesser‑included instruction requires reversal if evidence supports it)
State v. Hart, 584 N.W.2d 863 (S.D. 1998) (definition and discussion of "heat of passion")