23A-26-1.(Rule 31(a)) Unanimous verdict required–Return in open court. A jury verdict shall be unanimous. It shall be returned by the jury to the judge or magistrate in open court. When the jurors appear, they must be asked by the court or the clerk whether they have agreed upon their verdict. If the foreman answers in […]
23A-26-10.(Rule 31(d)) Polling of jury after verdict returned–Further deliberation or discharge if not unanimous. After a verdict is returned but before it is recorded, the jury shall be polled at the request of any party or upon the court’s own motion. If upon the poll there is not unanimous concurrence, the jury may be directed […]
23A-26-11. Recording of verdict–Inquiry of jury. When a verdict is given which a court may receive, the clerk must promptly record it in full in the minutes, and must read it to the jurors and inquire of them whether it is their verdict. If any juror disagrees, the fact must be entered in the minutes […]
23A-26-12. Remand to custody on verdict of guilty or guilty but mentally ill–Commitment hearing on acquittal for insanity. If a verdict of guilty or “guilty but mentally ill” is returned against the defendant, he shall be remanded, if in custody, to the proper officer of the county to await the judgment of the court upon […]
23A-26-12.1. Mental examination and report before hearing. Prior to the date of hearing, pursuant to §23A-26-12.2, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to §§23A-46-1 and 23A-46-2. Source: SL 1985, ch 192, §13.
23A-26-12.2. Hearing. A hearing shall be conducted pursuant to the provisions of §23A-46-3, and shall take place not later than forty days following the special verdict. Source: SL 1985, ch 192, §14.
23A-26-12.3. Burden of proof. In a hearing pursuant to §23A-26-12.2, a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing […]
23A-26-12.4. Commitment–Duration. If, after the hearing, the court fails to find by the standard specified in §23A-26-12.3 that the person’s release would not create a substantial risk of bodily injury to another person or serious damage to property of another due to a present mental disease or defect, the court shall order that the defendant […]
23A-26-12.5. Release–Procedure–Compliance with prescribed regimen as condition. When the administrator of the Human Services Center determines that the person has recovered from his mental disease or defect to such an extent that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, would no longer create a […]
23A-26-12.6. Failure to comply with regimen–Notice–Arrest–Court determination. The director of a medical facility responsible for administering the regimen imposed on an acquitted person conditionally discharged under §23A-26-12.5 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the regimen. Upon such notice, or […]
23A-26-14. Guilty but mentally ill verdict–Required findings. If the defendant raises the defense of “not guilty and not guilty by reason of insanity,” he may be found “guilty but mentally ill” if the trier of fact finds all of the following beyond a reasonable doubt: (1)The defendant is guilty of an offense; and (2)The defendant […]
23A-26-2.(Rule 31(b)) Return of verdict as to one of two or more defendants–Retrial of defendants as to whom verdict not reached. If there are two or more defendants, a jury at any time during its deliberation may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed. […]
23A-26-3. General verdict required–Special verdict permitted. Except as provided in this section, jurors shall render a general verdict. Special verdicts are hereby abolished, except the verdicts of “guilty but mentally ill” and “not guilty by reason of insanity.” Source: Supreme Court Rule 405, 1939; SDC 1939 & Supp 1960, §34.3661; SDCL, §23-45-9; SL 1978, ch […]
23A-26-4. Form of general verdict on not guilty plea. A general verdict on a plea of not guilty is either “guilty” or “not guilty” which imports a conviction or acquittal of the offense charged. Source: Supreme Court Rule 406, 1939; SDC 1939 & Supp 1960, §34.3662; SDCL, §23-45-10; SL 1978, ch 178, §322.
23A-26-5. Form of verdict acquitting for insanity. If a defendant is acquitted because he was insane when he committed the offense charged, the verdict shall be “not guilty by reason of insanity.” Source: Supreme Court Rule 406, 1939; SDC 1939 & Supp 1960, §34.3662; SDCL, §23-45-12; SL 1978, ch 178, §323; SL 1983, ch 174, […]
23A-26-6. Direction to reconsider improper verdict. If a jury renders a verdict which is not a general verdict in accordance with §23A-26-4 or 23A-26-5, a court may, with proper instructions as to the law, direct the jury to reconsider it. Source: SDC 1939 & Supp 1960, §34.3667; SDCL, §23-45-18; SL 1978, ch 178, §324.
23A-26-7. Verdict as to degree of crime–Lowest degree found on reasonable doubt. Whenever a crime is distinguished by degrees, a jury, if it convicts an accused, shall find the degree of the crime of which he is guilty and include that finding in its verdict. When there is a reasonable ground of doubt as to […]
23A-26-8.(Rule 31(c)) Conviction of included offense or attempt. A defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if such attempt is an offense. Source: SDC 1939 & Supp 1960, §34.3669; SDCL, §23-45-23; SL […]
23A-26-9. Appearance of defendant–When required for verdict. If an indictment or information is for a felony, the defendant must, before the verdict is received, appear in person. If it is for a misdemeanor, the verdict may, in the discretion of the court, be rendered in his absence. In any case, if a defendant flees the […]
