South Dakota statute
SDCL § 23A-22-5 — Burden of proof as to mitigation or excuse in homicide prosecution
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-22-5
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.
In prosecutions for murder, after the prosecution has proved that a defendant committed the homicide, the burden of proving circumstances of mitigation, or that justify or excuse it, passes to the defendant, unless the proof of the prosecution shows that the crime committed only amounts to manslaughter or that the defendant was justified or excused.
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