Homicide is excusable if committed by accident and misfortune in doing any lawful act, with usual and ordinary caution.
S.D. Codified Laws § 22-16-30
Excusable homicide--Lawful acts
Applied in 5 court decisions — leading case State v. Mulligan (2007)
Most recently applied in State v. Smith (July 2023)
Source: SDC 1939, § 13.2002 (1); SL 1976, ch 158, § 16-5; SL 2005, ch 120, § 161.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.