South Dakota Codified Laws
Chapter 25 - Jury Instructions And Deliberations
Section 23A-25-12 - Court open for other business during jury deliberations--Discharge of jury by final adjournment.

23A-25-12. Court open for other business during jury deliberations--Discharge of jury by final adjournment.
While a jury is absent a court may adjourn from time to time to conduct other business, but it is nevertheless deemed open for every purpose connected with a case submitted to a jury until a verdict is rendered or the jury is discharged. Final adjournment of a court discharges the jury.

Source: SDC 1939 & Supp 1960, §34.3659; SDCL, §23-45-4; SL 1978, ch 178, §319.

Structure South Dakota Codified Laws

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-25-4 - Preparation and settlement of instructions--Reading to jury--Comment during argument--Filing and endorsement of requested instructions.

Section 23A-25-5 - Officers sworn to protect privacy of jury--Overnight sequestration or separation--Prevention of communication--Return to court on reaching verdict.

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-25-12 - Court open for other business during jury deliberations--Discharge of jury by final adjournment.

Section 23A-25-13 - Guilty but mentally ill verdict--Forms furnished--Instructions.