Section 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.

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. If a jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.

Source: SDC 1939 & Supp 1960, §34.3670; SDCL, §23-45-24; SL 1978, ch 178, §326.