Upon the conclusion of the evidence, the judge shall give the jury appropriate instructions. After arguments of counsel, the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in § 23A-27A-1, exist. The instructions as determined by the trial judge to be warranted by the evidence shall be given in his charge and in writing to the jury for its deliberation.
S.D. Codified Laws § 23A-27A-3
Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury
Applied in 4 court decisions — leading case State v. Moeller (1996)
Most recently applied in State v. Berget (January 2013)
Source: SL 1979, ch 160, § 5; SL 1990, ch 175.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.