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2017 South Dakota Codified Laws
Title 23A - CRIMINAL PROCEDURE
Chapter 26 - (Rule 31) Verdict
§ 23A-26-7 Verdict as to degree of crime--Lowest degree found on reasonable doubt.
Universal Citation: SD Codified L § 23A-26-7 (2017)
23A-26-7. Verdict as to degree of crime--Lowest degree found on reasonable doubt. Whenever a crime is distinguished by degrees, a jury, if it convicts an accused, shall find the degree of the crime of which he is guilty and include that finding in its verdict. When there is a reasonable ground of doubt as to which of two or more degrees an accused is guilty, he can be convicted of only the lowest degree.
Source: SDC 1939, § 13.0104; SDC 1939 & Supp 1960, §§ 34.3635, 34.3671; SDCL, §§ 23-44-6, 23-45-22; SL 1978, ch 178, § 325.
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