Section 22-16-4 – Homicide as murder in the first degree.
22-16-4. Homicide as murder in the first degree. Homicide is murder in the first degree : (1)If perpetrated without authority of law and with a premeditated design to effect the death of the person killed or of any other human being, including an unborn child; or (2)If committed by a person engaged in the perpetration […]
Section 22-16-5 – Premeditated design to effect the death defined.
22-16-5. Premeditated design to effect the death defined. The term, premeditated design to effect the death, means an intention, purpose, or determination to kill or take the life of the person killed, distinctly formed and existing in the mind of the perpetrator before committing the act resulting in the death of the person killed. A […]
Section 22-16-6 – Anger or voluntary intoxication not reducing degree of crime.
22-16-6. Anger or voluntary intoxication not reducing degree of crime. Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time. Source: SDC 1939, §13.2009.