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2021 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 22 - Evidence
Section 23A-22-6 - Defendant's right to testify--No presumption from failure to testify.
Universal Citation: SD Codified L § 23A-22-6 (2021)
23A-22-6. Defendant's right to testify--No presumption from failure to testify.
In a trial of all indictments, informations, complaints, and other proceedings before any court or magistrate, against persons charged with the commission of any crime, the person charged shall, at his own request, but not otherwise, be a competent witness. His failure to make such request does not create any presumption against him.
Source: SDC 1939 & Supp 1960, §34.3633; SDCL, §23-44-1; SL 1978, ch 178, §282.
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