South Dakota statute
SDCL § 23A-22-12 — Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 22: Evidence, South Dakota Codified Laws.
Full text of SDCL § 23A-22-12
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.
Dying declarations are statements of material facts concerning the cause and circumstances constituting the res gestae of any felony made by the victim voluntarily while not mentally ill and under the fixed and solemn belief that his death is inevitable and near at hand.
In all prosecutions for manslaughter or murder, all dying declarations are always admissible in evidence, if the deceased would have been a competent witness if living.
All such declarations are also admissible in behalf of the defense.
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