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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 23A-22-6: Defendant's right to testify--No presumption from failure to testify.

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Where this section sits in the code
  1. TITLE 23A. CRIMINAL PROCEDURE
  2. CHAPTER 23A-22. EVIDENCE

In a trial of all indictments, informations, complaints, and other proceedings before any court or magistrate, against persons charged with the commission of any crime, the person charged shall, at his own request, but not otherwise, be a competent witness. His failure to make such request does not create any presumption against him.

Source: SDC 1939 & Supp 1960, § 34.3633; SDCL, § 23-44-1; SL 1978, ch 178, § 282.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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