Request by jury for further instructions--Notice to and presence of parties.

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23A-25-8. Request by jury for further instructions--Notice to and presence of parties.

After jurors have retired for deliberation, if there is a disagreement among them as to any part of the testimony or if they desire to be informed upon a point of law arising in the case, they shall ask the officer having them in charge to convey their written request to the court. Any information allowed by the court must be given in the presence of, or after notice to, the prosecuting attorney and the defendant or his counsel, and must be taken down by the court reporter.

Source: SDC 1939 & Supp 1960, §34.3655; SDCL, §23-45-3; SL 1978, ch 178, §315.


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