South Dakota statute
SDCL § 23A-10-6 — Mistrial when defense raised without pleading--Subsequent trial
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 10: (Rule 12.2) Notice Of Mental Illness Defense, South Dakota Codified Laws.
Full text of SDCL § 23A-10-6
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
If, during the trial of a criminal case, where the plea of "not guilty and not guilty by reason of insanity" has not been made, a court deems that a substantial suggestion of a defendant's sanity was raised as a defense, the defendant shall be deemed to have consented to a mistrial. Former jeopardy may not attach on a subsequent trial of the same case. In those circumstances, a second trial shall be had as soon as is practical and without regard for regular terms of court and the court shall, in advance of the second trial, require the defendant to submit himself for examination as prescribed by § 23A-10-4.
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