South Dakota Statutes
§ 23A-23-3 — (Rule 29(c)) Motion made after discharge of jury--Setting aside guilty verdict--Prior motion not required.
If a jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within ten days after the jury is discharged or within such further time as the court may fix during the ten - day period. If a verdict of guilty is returned a court may on such motion set aside the verdict and enter judgment of acquittal. If no verdict is returned a court may enter judgment of acquittal. In order to make such a motion it is not necessary to have made a similar motion prior to the submission of the case to the jury.
Free access — add to your briefcase to read the full text and ask questions with AI
South Dakota § 23A-23-3 ((Rule 29(c)) Motion made after discharge of jury--Setting aside guilty verdict--Prior motion not required.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Reed
2010 SD 66 (South Dakota Supreme Court, 2010)
Legislative History
SL 1978, ch 178, § 299.
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.