State v. Younger

WUEST, Chief Justice

(concurring specially).

I concur in the majority opinion, except as to the harmless error standard enunciated therein, i.e., “the court is able to declare a belief beyond a reasonable doubt that the error was harmless and did not contribute to the verdict obtained.” I believe the standard expressed in my writing in State v. Davis, 401 N.W.2d 721 (S.D.1987) is the better rule. Under either standard, the judgment must be affirmed and I so vote.