Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-23-1 (Rule 29(a)) Motion for directed verdict abolished--Judgment of acquittal entered with or without motion on close of evidence for either side--Defendant's right to offer evidence after denial of motion
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Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place. A court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more offenses charged in an indictment or information afte…
SDCL § 23A-23-2 (Rule 29(b)) Reservation of decision on motion made at close of trial--Time of ruling
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If a motion for judgment of acquittal is made at the close of all the evidence, a court may reserve decision on the motion, submit the case to the jury and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without …
SDCL § 23A-23-3 (Rule 29(c)) Motion made after discharge of jury--Setting aside guilty verdict--Prior motion not required
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If a jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within ten days after the jury is discharged or within such further time as the court may fix during the ten - day period. If a verd…
SDCL § 23A-23-4 Renewal of motion not required for review on appeal
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Once a motion for judgment of acquittal is made it need not be renewed to be reviewed on appeal. Source: SL 1978, ch 178 , § 300.