State of South Dakota

South Dakota Legislature

South Dakota Codified Laws

 
19-11-4 (Rule 302(c)) Instructions to jury on presumptions in criminal cases.
     19-11-4.   (Rule 302(c)) Instructions to jury on presumptions in criminal cases. Whenever the existence of a presumed fact against the accused is submitted to the jury, the court shall instruct the jury that it may regard the basic facts as sufficient evidence of the presumed fact but is not required to do so. In addition, if the presumed fact establishes guilt or is an element of the offense or negatives a defense, the court shall instruct the jury that its existence, on all the evidence, must be proved beyond a reasonable doubt.

Source: Supreme Court Rule 78-2, Rule 302 (c).


Chapter 19-11