South Dakota Statutes
§ 23A-27A-3 — Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.
Upon the conclusion of the evidence, the judge shall give the jury appropriate instructions. After arguments of counsel, the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in § 23A-27A-1 , exist. The instructions as determined by the trial judge to be warranted by the evidence shall be given in his charge and in writing to the jury for its deliberation.
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South Dakota § 23A-27A-3 (Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Moeller
1996 SD 60 (South Dakota Supreme Court, 1996)
Moeller v. Weber
2004 SD 110 (South Dakota Supreme Court, 2004)
State v. Berget
2013 S.D. 1 (South Dakota Supreme Court, 2013)
State v. Clothier
381 N.W.2d 253 (South Dakota Supreme Court, 1986)
Legislative History
SL 1979, ch 160, § 5; SL 1990, ch 175.
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.