South Dakota § 33-10-153 - Instructions.
Full text of South Dakota South Dakota Codified Laws § 33-10-153 — Instructions., with citation guidance and answers to common questions.
§ 33-10-153. Instructions.
Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them that:
(1) The accused shall be presumed to be innocent until the accused's guilt is established by legal and competent evidence beyond reasonable doubt;
(2) In the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt shall be resolved in favor of the accused and the accused shall be acquitted;
(3) If there is a reasonable doubt as to the degree of guilt, the finding shall be in a lower degree as to which there is no reasonable doubt; and
(4) The burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.
Source: SL 2012, ch 175, § 134.
Frequently Asked Questions About South Dakota § 33-10-153
What does South Dakota Codified Laws § 33-10-153 cover?
Section 33-10-153 ("Instructions.") 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 § 33-10-153?
A common citation format is "South Dakota Codified Laws § 33-10-153" (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 § 33-10-153 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.