22-16-32. Justifiable homicide-Law enforcement officers or at command of officer–Overcoming resistance–Capturing or arresting fleeing felons.
Homicide is justifiable if committed by a law enforcement officer or by any person acting by command of a law enforcement officer in the aid and assistance of that officer:
(1)If necessarily committed in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty; or
(2)If necessarily committed in retaking felons who have been rescued or who have escaped; or
(3)If necessarily committed in arresting felons fleeing from justice.
Source: SDC 1939, §13.2004; SL 1976, ch 158, §16-9; SL 1977, ch 189, §43; SL 2005, ch 120, §163.