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Old April 10, 2009, 10:04 AM   #4
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Join Date: August 21, 2000
Location: Minnesota, Twin Cities
Posts: 1,057
22-16-34. Justifiable homicide--Resisting attempted murder--Resisting felony on person or in dwelling house. Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is.
Would smashing a window and conducting a forcable entry be considered a felony under SD law? If so, then it would seem that deadly force is authorized in this case, according to their statute. That's just how I read it and I'm no lawyer, nor do I live in SD, though I've spent lots of hunting time in my neighboring state.
"If you love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you and may posterity forget that ye were our countrymen." Samuel Adams.
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