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§ 33-10-153 Instructions.

SD Codified L § 33-10-153 (2019) (N/A)
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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.

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§ 33-10-154 Findings and rulings by court-martial composed of military judge only.