23A-25-8. Request by jury for further instructions--Notice to and presence of parties.
After jurors have retired for deliberation, if there is a disagreement among them as to any part of the testimony or if they desire to be informed upon a point of law arising in the case, they shall ask the officer having them in charge to convey their written request to the court. Any information allowed by the court must be given in the presence of, or after notice to, the prosecuting attorney and the defendant or his counsel, and must be taken down by the court reporter.
Source: SDC 1939 & Supp 1960, §34.3655; SDCL, §23-45-3; SL 1978, ch 178, §315.
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.