Home/South Dakota/Statutes/Title 23A: CRIMINAL PROCEDURE/Ch. 23A-26: (RULE 31) VERDICT/§ 23A-26-7
South Dakota Statutes

§ 23A-26-7 — Verdict as to degree of crime--Lowest degree found on reasonable doubt.

South Dakota § 23A-26-7
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-26(RULE 31) VERDICT

This text of South Dakota § 23A-26-7 (Verdict as to degree of crime--Lowest degree found on reasonable doubt.) 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-26-7 (2026).

Text

Whenever a crime is distinguished by degrees, a jury, if it convicts an accused, shall find the degree of the crime of which he is guilty and include that finding in its verdict. When there is a reasonable ground of doubt as to which of two or more degrees an accused is guilty, he can be convicted of only the lowest degree.

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Related

State v. Waff
373 N.W.2d 18 (South Dakota Supreme Court, 1985)
51 case citations
State v. Woods
374 N.W.2d 92 (South Dakota Supreme Court, 1985)
49 case citations
State v. Lohnes
324 N.W.2d 409 (South Dakota Supreme Court, 1982)
44 case citations
State v. Gregg
405 N.W.2d 49 (South Dakota Supreme Court, 1987)
32 case citations
State v. Frey
440 N.W.2d 721 (South Dakota Supreme Court, 1989)
15 case citations
State v. McCahren
2016 SD 34 (South Dakota Supreme Court, 2016)
12 case citations
State v. Tammi
520 N.W.2d 619 (South Dakota Supreme Court, 1994)
11 case citations

Legislative History

SDC 1939, § 13.0104; SDC 1939 & Supp 1960, §§ 34.3635, 34.3671; SDCL, §§ 23-44-6, 23-45-22; SL 1978, ch 178, § 325.

Nearby Sections

15
§ 23A-1-1
(Rule 1) Proceedings governed by title.
§ 23A-1-2
(Rule 2) Purposes of title--Construction.
§ 23A-10-2
Form of plea raising defense.
§ 23A-10-3
(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.
§ 23A-10-4
(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.
§ 23A-10-5
(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
§ 23A-10-6
Mistrial when defense raised without pleading--Subsequent trial.
§ 23A-10-7
Independent psychiatric examination--Court approval--Notice--Cost.
§ 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.
§ 23A-10A-16
Time in approved facility credited to term of imprisonment.
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Bluebook (online)
South Dakota § 23A-26-7, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-26-7.