South Dakota Code § 33-10-150

Conditions for finding of not guilty by reason of lack of mental responsibility
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Notwithstanding the provisions of §
33-10-155
, the accused shall be found not guilty only by reason of lack of mental responsibility if:
(1) A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or
(2) In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.

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