South Dakota Statutes
§ 23A-26-7 — Verdict as to degree of crime--Lowest degree found on reasonable doubt.
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.
Free access — add to your briefcase to read the full text and ask questions with AI
South Dakota § 23A-26-7 (Verdict as to degree of crime--Lowest degree found on reasonable doubt.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Waff
373 N.W.2d 18 (South Dakota Supreme Court, 1985)
State v. Woods
374 N.W.2d 92 (South Dakota Supreme Court, 1985)
State v. Lohnes
324 N.W.2d 409 (South Dakota Supreme Court, 1982)
State v. Gregg
405 N.W.2d 49 (South Dakota Supreme Court, 1987)
State v. Frey
440 N.W.2d 721 (South Dakota Supreme Court, 1989)
State v. McCahren
2016 SD 34 (South Dakota Supreme Court, 2016)
State v. Tammi
520 N.W.2d 619 (South Dakota Supreme Court, 1994)
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-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.