22-16-20.2. Lesser included offense instruction.A lesser included offense instruction shall be given at any homicide trial whenever any facts are submitted to the trier of fact which would support such an offense pursuant to this chapter. The state and the defendant each have the separate right to request a lesser included offense instruction. The failure to request a lesser included offense instruction constitutes a waiver of the right to such an instruction. Source: SL 2005, ch 120, §437.
South Dakota Legal Code