23A-25-10. Jury not discharged until verdict rendered--Exceptions.
Except as provided in §23A-25-9, a jury cannot be discharged after a case is submitted to it until its members have agreed upon their verdict and rendered it in open court, except by the consent of both parties entered on the record, or unless at the expiration of such time as the court deems proper, it satisfactorily appears that there is no reasonable probability that the jurors can agree.
Source: SDC 1939 & Supp 1960, §34.3657; SDCL, §23-43-49; SL 1978, ch 178, §317.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 25 - Jury Instructions And Deliberations
Section 23A-25-2 - Duty to receive law laid down by court.
Section 23A-25-3 - Statements of law included in charge--Exclusive judges of fact.
Section 23A-25-3.1 - Instruction on presumption of innocence required.
Section 23A-25-3.2 - Jury instructions--Certified therapeutic dogs.
Section 23A-25-5.1 - Oath of officers to protect privacy of jury.
Section 23A-25-6 - Retirement for deliberation--Room provided--Food and lodging during deliberation.
Section 23A-25-7 - Evidence and instructions kept by jury during deliberation.
Section 23A-25-8 - Request by jury for further instructions--Notice to and presence of parties.
Section 23A-25-9 - Discharge of jury on disability of member--Exception.
Section 23A-25-10 - Jury not discharged until verdict rendered--Exceptions.
Section 23A-25-11 - New trial when jury discharged before verdict.
Section 23A-25-13 - Guilty but mentally ill verdict--Forms furnished--Instructions.