23A-22-6. Defendant's right to testify--No presumption from failure to testify.In a trial of all indictments, informations, complaints, and other proceedings before any court or magistrate, against persons charged with the commission of any crime, the person charged shall, at his own request, but not otherwise, be a competent witness. His failure to make such request does not create any presumption against him. Source: SDC 1939 & Supp 1960, §34.3633; SDCL, §23-44-1; SL 1978, ch 178, §282.
South Dakota Legal Code