If the degree of homicide is made to depend upon its having been committed under circumstances evidencing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration any domestic or confidential relationship which existed between the accused and the person killed.
S.D. Codified Laws § 22-16-3
Relationship between accused and victim bearing on degree of homicide
Applied in 2 court decisions — leading case State v. Waff (1985)
Most recently applied in State v. Waff (July 1985)
Source: SDC 1939, § 13.2005; SL 1976, ch 158, § 16-1; SL 2005, ch 120, § 153.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.