23A-25-3. Statements of law included in charge--Exclusive judges of fact.
In charging jurors, a court must state to them all matters of law which it deems necessary for their information in giving their verdict. It must also inform the jurors that they are the exclusive judges of all questions of fact.
Source: Supreme Court Rule 404, 1939; SDC 1939 & Supp 1960, §34.3651; SDCL, §23-45-1; SL 1978, ch 178, §309.
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.