23A-22-3. Innocence presumed--Reasonable doubt requires acquittal.
A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt as to whether his guilt is satisfactorily shown, he is entitled to be acquitted.
Source: SDC 1939 & Supp 1960, §34.3635; SDCL, §23-44-5; SL 1978, ch 178, §281.
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.