South Dakota Codified Laws Annotated
Title 22 Crimes (Chs. 22-1 — 22-49)
Chapter 22-16 Homicide and Suicide (§§ 22-16-1 — 22-16-42)

22-16-31. Excusable homicide — Heat of passion, provocation, or sudden combat.

Homicide is excusable if committed by accident and misfortune in the heat of passion, upon sudden and sufficient provocation, or upon a sudden combat. However, to be excusable, no undue advantage may be taken nor any dangerous weapon used and the killing may not be done in a cruel or unusual manner.

 

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