23A-18-1.(Rule 23(a)) Trial by jury unless waived by parties.
Cases required to be tried by a jury shall be so tried unless the defendant waives a jury trial in writing or orally on the record with the approval of the court and the consent of the prosecuting attorney.
Source: SL 1978, ch 178, §230.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 18 - (Rule 23) Trial By Jury Or Court
Section 23A-18-1 - (Rule 23(a)) Trial by jury unless waived by parties.
Section 23A-18-2 - (Rule 23(b)) Number of jurors--Stipulation for smaller jury.
Section 23A-18-3 - (Rule 23(c)) Findings of fact in trial without jury.