22-16-15.   Homicide as manslaughter in first degree--Felony. Homicide is manslaughter in the first degree if perpetrated:

             (1)      Without any design to effect death, including an unborn child, while engaged in the commission of any felony other than as provided in § 22-16-4(2);

             (2)      Without any design to effect death, including an unborn child, and in a heat of passion, but in a cruel and unusual manner;

             (3)      Without any design to effect death, including an unborn child, but by means of a dangerous weapon;

             (4)      Unnecessarily, either while resisting an attempt by the person killed to commit a crime or after such attempt has failed.

     Manslaughter in the first degree is a Class C felony.

Source: SDC 1939, §§ 13.2013, 13.2015; SDCL, §§ 22-16-16, 22-16-17, 22-16-19; SL 1976, ch 158, § 16-3; SL 1977, ch 189, § 41; SL 1995, ch 122, § 11; SL 2005, ch 120, § 160.

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