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1907 S.D. Sess. Laws 89, An Act Entitled an Act Defining Burglary with Explosives and the Punishment Therefor, ch. 82, §§ 1-3.

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§ 1. A person who, with intent to commit burglary, breaks and enters in the night time a building and commits or attempts burglary by the use of nitro-glycerine dynamite, gunpowder or any other high explosive, is guilty of burglary with explosives in the second degree. § 2. A person who, with intent to commit burglary, breaks and enters in the night time a building in which there is a human being, and commits or attempts burglary by the use of nitro-glycerine, dynamite, gunpowder or any other high explosive, is guilty of burglary with explosives in the first degree. § 3. Burglary with explosives in the first degree is punishable by imprisonment in the state penitentiary for not less than twenty-five years and burglary with explosives in the second degree is punishable by imprisonment in the state penitentiary for not less than fifteen years and not more than twenty-five years.