South Dakota § 23A-22-12 - Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense.
Full text of South Dakota South Dakota Codified Laws § 23A-22-12 — Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense., with citation guidance and answers to common questions.
§ 23A-22-12. Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense.
Dying declarations are statements of material facts concerning the cause and circumstances constituting the res gestae of any felony made by the victim voluntarily while not mentally ill and under the fixed and solemn belief that his death is inevitable and near at hand.
In all prosecutions for manslaughter or murder, all dying declarations are always admissible in evidence, if the deceased would have been a competent witness if living.
All such declarations are also admissible in behalf of the defense.
Source: SDC 1939 & Supp 1960, § 34.3632; SDCL, § 23-44-4; SL 1975, ch 169, § 7; SL 1976, ch 324; SL 1978, ch 178, § 283.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-22-12
What does South Dakota Codified Laws § 23A-22-12 cover?
Section 23A-22-12 ("Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 23A-22-12?
A common citation format is "South Dakota Codified Laws § 23A-22-12" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 23A-22-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.