Homicide is manslaughter in the first degree if perpetrated: (1) Without any design to effect death, including an unborn child, while engaged in the commission of any felony other than as provided in § 22-16-4(2); (2) Without any design to effect death, including an unborn child, and in a heat of passion, but in a cruel and unusual manner; (3) Without any design to effect death, including an unborn child, but by means of a dangerous weapon; (4) Unnecessarily, either while resisting an attempt by the person killed to commit a crime or after such attempt has failed. Manslaughter in the first degree is a Class C felony.
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