23A-27A-12. Factors reviewed by Supreme Court regarding sentence.With regard to the sentence, the Supreme Court shall determine:(1)Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and(2)Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in §23A-27A-1; and(3)Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. Source: SL 1979, ch 160, §10.
South Dakota Legal Code