2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 12. Relevancy
§19-12-4 (Rule 404(a)) Character evidence generally inadmissible--Exceptions.


SD Codified L § 19-12-4 (through 2012) What's This?


19-12-4. (Rule 404(a)) Character evidence generally inadmissible--Exceptions. Evidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except:

(1) Evidence of a pertinent trait of his character offered by an accused, or by the prosecution to rebut the same;

(2) Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;

(3) Evidence of the character of a witness, as provided in §§ 19-14-8 to 19-14-16, inclusive.

Source: Supreme Court Rule 78-2, Rule 404 (a).

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