South Dakota Codified Laws
Chapter 22 - Evidence
Section 23A-22-4 - Facts put in issue by not guilty plea.

23A-22-4. Facts put in issue by not guilty plea.
A plea of not guilty puts in issue every material fact constituting an offense charged in an indictment, information, or complaint.

Source: Supreme Court Rule 390, 1939; SDC 1939 & Supp 1960, §34.3521; SDCL, §23-35-23; SL 1978, ch 178, §280.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 22 - Evidence

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-22-9 - (Rule 26.1) Notice of issue concerning law of foreign country--Sources considered--Determination as question of law.

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-22-12 - Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense.

Section 23A-22-13 - Overt acts required for conspiracy conviction.

Section 23A-22-14 - Proof of incorporation of bank not required in forgery or counterfeiting prosecution--Expert testimony as to forgery or counterfeiting.

Section 23A-22-16 - Proof of marriages in bigamy prosecutions.

Section 23A-22-17 - View of place of offense by jury--Protection of jury from unlawful communication.