The provisions of § 22-4-1 do not protect a person who, in attempting unsuccessfully to commit a crime, commits another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.
S.D. Codified Laws § 22-4-2
Attempt resulting in commission of other crime
Applied in 1 court decision — leading case State v. Vatne (2003)
Most recently applied in State v. Vatne (March 2003)
Source: SDC 1939, § 13.0402; SL 2005, ch 120, § 378.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.