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.
 
   
  
    SDC 1939, §§ 13.2013, 13.2015; SDCL, §§ 22-16-16, 22-16-17, 22-16-19; SL 1976, ch 158, § 16-3; SL 1977, ch 189, § 41; SL 1995, ch 122, § 11; SL 2005, ch 120, §160.