Murder in South Dakota law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of South Dakota.
In 1865, this was repealed and "replaced with the code then in use in New York state", under which murder "was not defined by degree and was in all cases to be punishable by death".
[3] This was amended in 1883 to shift the determination of whether the capital punishment was to be imposed from the judge to the jury.
The crime became divided between first degree murder, punishable by death by hanging or life imprisonment, and second degree murder, punishable by a sentence of 10 to 30 years.
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