There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 11. Presumptions
§19-11-4 (Rule 302(c)) Instructions to jury on presumptions in criminal cases.
SD Codified L § 19-11-4 (through 2012) What's This?
19-11-4. (Rule 302(c)) Instructions to jury on presumptions in criminal cases. Whenever the existence of a presumed fact against the accused is submitted to the jury, the court shall instruct the jury that it may regard the basic facts as sufficient evidence of the presumed fact but is not required to do so. In addition, if the presumed fact establishes guilt or is an element of the offense or negatives a defense, the court shall instruct the jury that its existence, on all the evidence, must be proved beyond a reasonable doubt.
Source: Supreme Court Rule 78-2, Rule 302 (c).
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