South Dakota Statutes

§ 23A-23-1 — (Rule 29(a)) Motion for directed verdict abolished--Judgment of acquittal entered with or without motion on close of evidence for either side--Defendant's right to offer evidence after denial of motion.

South Dakota § 23A-23-1
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-23(RULE 29) MOTION FOR JUDGMENT OF ACQUITTAL

This text of South Dakota § 23A-23-1 ((Rule 29(a)) Motion for directed verdict abolished--Judgment of acquittal entered with or without motion on close of evidence for either side--Defendant's right to offer evidence after denial of motion.) 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-23-1 (2026).

Text

Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place. A court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more offenses charged in an indictment or information after the evidence on either side is closed, if the evidence is insufficient to sustain a conviction of the offense or offenses. If a defendant's motion for judgment of acquittal at the close of the evidence offered by the prosecuting attorney is not granted, the defendant may offer evidence without having reserved the right.

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Related

State v. Guthrie
2001 SD 61 (South Dakota Supreme Court, 2001)
120 case citations
State v. Bult
351 N.W.2d 731 (South Dakota Supreme Court, 1984)
61 case citations
State v. Tofani
2006 SD 63 (South Dakota Supreme Court, 2006)
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State v. Disanto
2004 SD 112 (South Dakota Supreme Court, 2004)
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Magner v. Brinkman
2016 SD 50 (South Dakota Supreme Court, 2016)
27 case citations
State v. Dirk
364 N.W.2d 117 (South Dakota Supreme Court, 1985)
22 case citations
State v. Stapleton
387 N.W.2d 28 (South Dakota Supreme Court, 1986)
22 case citations
State v. Shult
380 N.W.2d 352 (South Dakota Supreme Court, 1986)
19 case citations
State v. Caylor
434 N.W.2d 582 (South Dakota Supreme Court, 1989)
13 case citations
State v. Shelton
958 N.W.2d 721 (South Dakota Supreme Court, 2021)
11 case citations
State v. Berhanu
2006 SD 94 (South Dakota Supreme Court, 2006)
5 case citations
State v. Reath
2003 SD 144 (South Dakota Supreme Court, 2003)
4 case citations
State v. Bausch
2017 SD 1 (South Dakota Supreme Court, 2017)

Legislative History

SDC 1939 & Supp 1960, § 34.3650; SDCL, § 23-45-5; SL 1978, ch 178, § 297.

Nearby Sections

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Bluebook (online)
South Dakota § 23A-23-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-23-1.