Section 23A-6-11 – Allegation as to money or securities stolen.
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 […]
Section 23A-6-12 – Description of money taken by robbery or theft.
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 […]
Section 23A-6-13 – Allegations in indictment or information for perjury.
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 […]
Section 23A-6-14 – (Rule 7(c)(3)) Sufficiency of indictment or information despite nonprejudicial defect.
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, […]
Section 23A-6-15 – Erroneous allegation as to victim of offense.
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 […]
Section 23A-6-16 – Unavailability of instrument on indictment or information for forgery.
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 […]
Section 23A-6-17 – Statutory words not required in indictment or information–Interpretation of words and phrases.
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 […]
Section 23A-6-18 – (Rule 7(d)) Surplusage stricken on motion.
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.
Section 23A-6-19 – (Rule 7(e)) Amendment of information before trial–Allegation of new offense–Amendment during trial.
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. […]
Section 23A-6-20 – Amendment to correct name of defendant.
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. […]