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§ 33-10-150 Conditions for finding of not guilty by reason of lack of mental responsibility.

SD Codified L § 33-10-150 (2019) (N/A)
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33-10-150. Conditions for finding of not guilty by reason of lack of mental responsibility. Notwithstanding the provisions of § 33-10-155, the accused shall be found not guilty only by reason of lack of mental responsibility if:

(1) A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or

(2) In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.Source: SL 2012, ch 175, § 131.

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§ 33-10-149 Findings by military judge or summary court-martial officer when lack of mental responsibility at issue.
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§ 33-10-151 Voting by secret written ballot.