Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-18-1 (Rule 23(a)) Trial by jury unless waived by parties
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Cases required to be tried by a jury shall be so tried unless the defendant waives a jury trial in writing or orally on the record with the approval of the court and the consent of the prosecuting attorney. Source: SL 1978, ch 178 , § 230.
SDCL § 23A-18-3 (Rule 23(c)) Findings of fact in trial without jury
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In a case tried without a jury a court shall make a general finding and shall in addition, on request made before submission of the case to the court for decision, find facts specially. Such findings may be oral. If an opinion or memorandum of decision is filed, it will be suffic…