STATE v. NELSON

No. 20356.

587 N.W.2d 439 (1998)

1998 SD 124

STATE of South Dakota, Plaintiff and Appellee, v. Lyle Edgar NELSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 16, 1998.


Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Paul Cremer, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Jeff Larson, Minnnehaha County Public Defender's Office, Sioux Falls, for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] At inquiry in this case is whether a trial court must follow fundamental procedures for conducting a jury trial. Although it provided complete written instructions to the jury, the court at the close of the evidence failed to read all the instructions as required by law, including those on the presumption of innocence and the burden of proof. The court also sent out thirteen jurors to deliberate, over the strenuous objections of the...

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