§ 23A-22-2 Civil rules applicable except as provided
§ 23A-22-3 Innocence presumed–Reasonable doubt requires acquittal
§ 23A-22-4 Facts put in issue by not guilty plea
§ 23A-22-5 Burden of proof as to mitigation or excuse in homicide prosecution
§ 23A-22-6 Defendant’s right to testify–No presumption from failure to testify
§ 23A-22-7 Discharge of defendant to testify against codefendant
§ 23A-22-8 Corroboration of accomplice’s testimony required for conviction
§ 23A-22-9 (Rule 26.1) Notice of issue concerning law of foreign country–Sources considered–Determination as question of law
§ 23A-22-10 (Rule 27) Proof of official record or lack of record
§ 23A-22-11 (Rule 28) Appointment and compensation of interpreter
§ 23A-22-12 Dying declarations defined–Admissibility in homicide prosecutions–Admissibilityfor defense
§ 23A-22-13 Overt acts required for conspiracy conviction
§ 23A-22-14 Proof of incorporation of bank not required in forgery or counterfeiting prosecution–Expert testimony as to forgery or counterfeiting
§ 23A-22-16 Proof of marriages in bigamy prosecutions
§ 23A-22-17 View of place of offense by jury–Protection of jury from unlawful communication

Terms Used In South Dakota Codified Laws > Title 23A > Chapter 22 - Evidence

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2