S.D. Codified Laws § 23A-23-1

Current through the 2024 Legislative Session

Section 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

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 after the evidence on either side is closed, if the evidence is insufficient to sustain a conviction of the offense or offenses. If a defendant's motion for judgment of acquittal at the close of the evidence offered by the prosecuting attorney is not granted, the defendant may offer evidence without having reserved the right.

SDCL 23A-23-1

SDC 1939 & Supp 1960, § 34.3650; SDCL, § 23-45-5; SL 1978, ch 178, § 297.