South Dakota § 23A-27A-3 Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.

South Dakota Statutes

§ 23A-27A-3 — Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.

South Dakota § 23A-27A-3

Title 23ACRIMINAL PROCEDURE

Ch. 23A-26CAPITAL PUNISHMENT

This text of South Dakota § 23A-27A-3 (Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.) 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-27A-3 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.