23A-22-13. Overt acts required for conspiracy conviction.
In prosecutions for conspiracy in a case where an overt act is necessary to constitute the offense, a defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, and unless one or more of the acts alleged are proved, but any other overt act, not alleged in the indictment or information, may be received as evidence.
Source: SDC 1939 & Supp 1960, §34.3637; SDCL, §23-44-12; SL 1978, ch 178, §285.
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.