South Dakota statute
SDCL § 23A-27A-3 — Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 27A: Capital Punishment, South Dakota Codified Laws.
Full text of SDCL § 23A-27A-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.
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.
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