23A-6-1. Indictment or information required for prosecution of offense–Exceptions. Every public offense must be prosecuted by an indictment or by an information signed by a prosecuting attorney except: (1)A proceeding for the removal of a civil officer of this state; (2)An offense arising under the laws, rules, and regulations relating to the National Guard; (3)An […]
23A-6-10. Endorsement of witnesses on information–Calling other witnesses. The prosecuting attorney shall endorse upon each information the names of the witnesses known to him at the time of its filing. Any further endorsement of names upon the information shall be done only with permission of the court. This section shall not preclude calling any witnesses […]
23A-6-11. Allegation as to money or securities stolen. In an indictment or information for the theft of money, bank notes, certificates of stock, or securities, or for a conspiracy to commit the theft of any such property, it is sufficient to allege the theft, or the conspiracy to commit theft, to be of money, bank […]
23A-6-12. Description of money taken by robbery or theft. In a prosecution for robbery or theft of money, it is sufficient to allege generally in the indictment or information a robbery or theft of money, and it is sufficient to maintain the charge in the indictment or information that money was obtained by robbery or […]
23A-6-13. Allegations in indictment or information for perjury. In an indictment or information for perjury or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in which the offense was committed, the court or person before whom the oath alleged to be false was taken, and that the […]
23A-6-14.(Rule 7(c)(3)) Sufficiency of indictment or information despite nonprejudicial defect. No indictment or information is insufficient, nor can the trial, judgment, or other proceeding thereon be affected, by reason of a defect or imperfection in its form, which does not prejudice the substantial rights of the defendant. Source: SDC 1939 & Supp 1960, §34.3002; SDCL, […]
23A-6-15. Erroneous allegation as to victim of offense. When an offense involves the commission of, or an attempt to commit, a theft or other private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured, or the ownership […]
23A-6-16. Unavailability of instrument on indictment or information for forgery. When an instrument, which is the subject of an indictment or information for forgery, has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information and established during […]
23A-6-17. Statutory words not required in indictment or information–Interpretation of words and phrases. Words used in a statute to describe a public offense need not be strictly recited in an indictment or information, but other words conveying the same meaning may be used. Words used in an indictment or information shall be interpreted according to […]
23A-6-18.(Rule 7(d)) Surplusage stricken on motion. A circuit court upon motion may strike surplusage from an indictment or information. Source: SL 1978, ch 178, §77.
23A-6-19.(Rule 7(e)) Amendment of information before trial–Allegation of new offense–Amendment during trial. If trial has not commenced, a prosecuting attorney may amend an information to allege, or to change the allegations regarding, any offense arising out of the same alleged conduct of the defendant that gave rise to any offense alleged in the original information. […]
23A-6-20. Amendment to correct name of defendant. When a defendant is prosecuted by a fictitious name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, with reference to the fact that he was prosecuted by the name mentioned in the indictment, information, or complaint. […]
23A-6-22. Suppression of names and details in rape, incest, or sexual contact prosecution. Upon the request of the victim in a prosecution for rape, incest, or sexual contact, the court shall order that the names of the victim or the accused or the details of the alleged offense be suppressed until: (1)The accused is arraigned; […]
23A-6-22.1. Suppression of name of minor victim of rape, incest, or sexual contact and details of alleged acts. Notwithstanding the provisions of §23A-6-22, upon the request of any minor victim or the minor victim’s parent or guardian in a prosecution for rape, incest, or sexual contact, the court shall order that the name of the […]
23A-6-23.(Rule 8(a)) Joinder of related offenses in same indictment or information. Two or more offenses may be charged in the same indictment or information in separate counts for each offense, if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or […]
23A-6-24.(Rule 8(b)) Joinder of two or more defendants in same indictment or information. Two or more defendants may be charged in the same indictment or information, if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants […]
23A-6-25. Election between offenses or counts not required–Separate statements in verdict. The prosecuting attorney shall not be required to elect between different offenses or counts set forth in an indictment or information, but a defendant may be convicted of any number of offenses charged, and each offense upon which a defendant is convicted must be […]
23A-6-26.(Rule 9(a)) Warrant or summons on indictment–Delivery for execution–Warrant on defendant’s failure to respond to summons. Upon request of a prosecuting attorney, a circuit court judge, in the case of a felony, and a magistrate judge, in the case of a misdemeanor or at the direction of the presiding judge of the circuit in the […]
23A-6-27.(Rule 9(b)(1)) Form of warrant–Contents–Endorsement as to bail. A warrant shall be in the form prescribed by §23A-2-4. It shall describe the offense charged in the indictment, and it shall command that the defendant be arrested and brought before the court. The amount of bail, if any, shall be fixed by the court and endorsed […]
23A-6-28.(Rule 9(b)(2)) Form and contents of summons–Time of required appearance–Signature. A summons shall be in the same form as a warrant except that it shall summon the defendant to appear before a circuit court judge or magistrate judge, as the case may be, at a stated time and place. The time stated may not be […]
