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South Dakota statute

SDCL § 23A-23-3 — (Rule 29(c)) Motion made after discharge of jury--Setting aside guilty verdict--Prior motion not required

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 23: (Rule 29) Motion For Judgment Of Acquittal, South Dakota Codified Laws.

Full text of SDCL § 23A-23-3

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.

SDCL § 23A-23-3Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
If a jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within ten days after the jury is discharged or within such further time as the court may fix during the ten-day period. If a verdict of guilty is returned a court may on such motion set aside the verdict and enter judgment of acquittal. If no verdict is returned a court may enter judgment of acquittal. In order to make such a motion it is not necessary to have made a similar motion prior to the submission of the case to the jury.

Official sources

This reference is informational and is not legal advice.