There is a newer version
of
this Section
2021 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 22 - Evidence
Section 23A-22-5 - Burden of proof as to mitigation or excuse in homicide prosecution.
Universal Citation: SD Codified L § 23A-22-5 (2021)
23A-22-5. Burden of proof as to mitigation or excuse in homicide prosecution.
In prosecutions for murder, after the prosecution has proved that a defendant committed the homicide, the burden of proving circumstances of mitigation, or that justify or excuse it, passes to the defendant, unless the proof of the prosecution shows that the crime committed only amounts to manslaughter or that the defendant was justified or excused.
Source: Supreme Court Rule 402, 1939; SDC 1939 & Supp 1960, §34.3642; SDCL, §23-44-15; SL 1978, ch 178, §289.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
