S.D. Codified Laws § 23A-27A-12 : — CRIMINAL PROCEDURECAPITAL PUNISHMENT —27A-12 - Factors reviewed by Supreme Court regarding sentence TEXT PDF 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. SDCL 23A-27A-12 SL 1979, ch 160, § 10.