§21-711.

§21-711.
   
   Homicide is manslaughter in the first degree in the following cases:
   
   1. When perpetrated without a design to effect death by a person while
   engaged in the commission of a misdemeanor.
   
   2. When perpetrated without a design to effect death, and in a heat of
   passion, but in a cruel and unusual manner, or by means of a dangerous
   weapon; unless it is committed under such circumstances as constitute
   excusable or justifiable homicide.
   
   3. When perpetrated unnecessarily either while resisting an attempt by
   the person killed to commit a crime, or after such attempt shall have
   failed.