If the defendant fails to give notice when required by § 23A-10-3 or to submit to an examination when ordered under § 23A-10-4, a court shall exclude the testimony of any witness offered by a defendant on the issue of his mental state.

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Terms Used In South Dakota Codified Laws 23A-10-5

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Source: SL 1978, ch 178, § 127; SL 1983, ch 174, § 11.