Section 19-11-3 - (Rule 302(b)) Submission of presumptions to jury in criminal cases--Determinationas to reasonable doubt. - South-dakota Statutes

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19-11-3. (Rule 302(b)) Submission of presumptions to jury in criminal cases--Determination as to reasonable doubt. The court is not authorized to direct the jury to find a presumed fact against the accused. If a presumed fact establishes guilt or is an element of the offense or negatives a defense, the court may submit the question of guilt or of the existence of the presumed fact to the jury, but only if a reasonable juror on the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. If the presumed fact has a lesser effect, the question of its existence may be submitted to the jury provided the basic facts are supported by substantial evidence or are otherwise established, unless the court determines that a reasonable juror on the evidence as a whole could not find the existence of the presumed fact.

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

State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-11 > Statute-19-11-3

19-11-3. (Rule 302(b)) Submission of presumptions to jury in criminal cases--Determination as to reasonable doubt. The court is not authorized to direct the jury to find a presumed fact against the accused. If a presumed fact establishes guilt or is an element of the offense or negatives a defense, the court may submit the question of guilt or of the existence of the presumed fact to the jury, but only if a reasonable juror on the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. If the presumed fact has a lesser effect, the question of its existence may be submitted to the jury provided the basic facts are supported by substantial evidence or are otherwise established, unless the court determines that a reasonable juror on the evidence as a whole could not find the existence of the presumed fact.

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

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State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-11 > Statute-19-11-3

19-11-3. (Rule 302(b)) Submission of presumptions to jury in criminal cases--Determination as to reasonable doubt. The court is not authorized to direct the jury to find a presumed fact against the accused. If a presumed fact establishes guilt or is an element of the offense or negatives a defense, the court may submit the question of guilt or of the existence of the presumed fact to the jury, but only if a reasonable juror on the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. If the presumed fact has a lesser effect, the question of its existence may be submitted to the jury provided the basic facts are supported by substantial evidence or are otherwise established, unless the court determines that a reasonable juror on the evidence as a whole could not find the existence of the presumed fact.

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