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)
State v. Bult
351 N.W.2d 731 (South Dakota Supreme Court, 1984)
State v. Tofani
2006 SD 63 (South Dakota Supreme Court, 2006)
State v. Disanto
2004 SD 112 (South Dakota Supreme Court, 2004)
Magner v. Brinkman
2016 SD 50 (South Dakota Supreme Court, 2016)
State v. Dirk
364 N.W.2d 117 (South Dakota Supreme Court, 1985)
State v. Stapleton
387 N.W.2d 28 (South Dakota Supreme Court, 1986)
State v. Shult
380 N.W.2d 352 (South Dakota Supreme Court, 1986)
State v. Caylor
434 N.W.2d 582 (South Dakota Supreme Court, 1989)
State v. Shelton
958 N.W.2d 721 (South Dakota Supreme Court, 2021)
State v. Berhanu
2006 SD 94 (South Dakota Supreme Court, 2006)
State v. Reath
2003 SD 144 (South Dakota Supreme Court, 2003)
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
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-23-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-23-1.