South Dakota Statutes
§ 23A-22-5 — Burden of proof as to mitigation or excuse in homicide prosecution.
South Dakota § 23A-22-5
This text of South Dakota § 23A-22-5 (Burden of proof as to mitigation or excuse in homicide prosecution.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 23A-22-5 (2026).
Text
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Legislative History
Supreme Court Rule 402, 1939; SDC 1939 & Supp 1960, § 34.3642; SDCL, § 23-44-15; SL 1978, ch 178, § 289.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-22-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-22-5.