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Section 22-16-3 - Relationship between accused and victim bearing on degree of homicide.

22-16-3. Relationship between accused and victim bearing on degree of homicide. 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.

Source: SDC 1939, § 13.2005; SL 1976, ch 158, § 16-1; SL 2005, ch 120, § 153.

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