South Dakota Codified Laws 23A-10-6. Mistrial when defense raised without pleading–Subsequent trial
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If, during the trial of a criminal case, where the plea of “not guilty and not guilty by reason of insanity” has not been made, a court deems that a substantial suggestion of a defendant‘s sanity was raised as a defense, the defendant shall be deemed to have consented to a mistrial. Former jeopardy may not attach on a subsequent trial of the same case. In those circumstances, a second trial shall be had as soon as is practical and without regard for regular terms of court and the court shall, in advance of the second trial, require the defendant to submit himself for examination as prescribed by § 23A-10-4.
Terms Used In South Dakota Codified Laws 23A-10-6
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 1953, ch 201, § 3; SDC Supp 1960, § 34.20A03; SDCL, § 23-37-4; SL 1978, ch 178, § 128; SL 1983, ch 174, § 12.