The prosecuting attorney shall not be required to elect between different offenses or counts set forth in an indictment or information, but a defendant may be convicted of any number of offenses charged, and each offense upon which a defendant is convicted must be stated in the verdict.
S.D. Codified Laws § 23A-6-25
Election between offenses or counts not required--Separate statements in verdict
Applied in 2 court decisions — leading case State v. Tuopeh (2025)
Most recently applied in State v. Warfield (March 2026)
Source: Supreme Court Rule 366, 1939; SDC 1939 & Supp 1960, § 34.3009; SDCL, § 23-32-7; SL 1978, ch 178, § 84.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.