23A-22-12. Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense.
Dying declarations are statements of material facts concerning the cause and circumstances constituting the res gestae of any felony made by the victim voluntarily while not mentally ill and under the fixed and solemn belief that his death is inevitable and near at hand.
In all prosecutions for manslaughter or murder, all dying declarations are always admissible in evidence, if the deceased would have been a competent witness if living.
All such declarations are also admissible in behalf of the defense.
Source: SDC 1939 & Supp 1960, §34.3632; SDCL, §23-44-4; SL 1975, ch 169, §7; SL 1976, ch 324; SL 1978, ch 178, §283.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Section 23A-22-2 - Civil rules applicable except as provided.
Section 23A-22-3 - Innocence presumed--Reasonable doubt requires acquittal.
Section 23A-22-4 - Facts put in issue by not guilty plea.
Section 23A-22-5 - Burden of proof as to mitigation or excuse in homicide prosecution.
Section 23A-22-6 - Defendant's right to testify--No presumption from failure to testify.
Section 23A-22-7 - Discharge of defendant to testify against codefendant.
Section 23A-22-8 - Corroboration of accomplice's testimony required for conviction.
Section 23A-22-10 - (Rule 27) Proof of official record or lack of record.
Section 23A-22-11 - (Rule 28) Appointment and compensation of interpreter.
Section 23A-22-13 - Overt acts required for conspiracy conviction.
Section 23A-22-16 - Proof of marriages in bigamy prosecutions.