12-26-9. Good faith defense to prosecution for illegal voting.
Upon any prosecution for procuring, offering, or casting an illegal vote, the accused may give in evidence any facts tending to show that he honestly believed upon good reason that the vote complained of was a lawful one; and the jury may take such facts into consideration in determining whether the acts complained of were knowingly done or not.
Source: PenC 1877, §94; CL 1887, §6294; RPenC 1903, §99; RC 1919, §3683; SDC 1939, §13.0912.