§ 23A-23-1 (Rule 29(a)) Motion for directed verdict abolished–Judgment of acquittal entered with orwithout motion on close of evidence for either side–Defendant’s right to offer evidenceaft
§ 23A-23-2 (Rule 29(b)) Reservation of decision on motion made at close of trial–Time of ruling
§ 23A-23-3 (Rule 29(c)) Motion made after discharge of jury–Setting aside guilty verdict–Priormotion not required

Terms Used In South Dakota Codified Laws > Title 23A > Chapter 23 - (Rule 29) Motion for Judgment of Acquittal

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • 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.
  • Verdict: includes not only the verdict of a jury, but also the finding upon the facts of a judge, or of a referee appointed to determine the issues in a cause. See South Dakota Codified Laws 2-14-2
  • Verdict: The decision of a petit jury or a judge.