Section 23A-32-6 – Time for appeal by prosecution.
23A-32-6. Time for appeal by prosecution. An appeal under §23A-32-4 or 23A-32-5 must be taken within ten days after written notice of entry of the judgment or order. Source: SL 1978, ch 178, §404; SL 1979, ch 159, §25.
Section 23A-32-7 – Release on bail pending appeal by prosecution.
23A-32-7. Release on bail pending appeal by prosecution. Pending the prosecution and determination of an appeal authorized by §23A-32-4 or 23A-32-5, a defendant may be released in accordance with chapter 23A-43. Source: SL 1978, ch 178, §405.
Section 23A-32-9 – Scope of review by Supreme Court.
23A-32-9. Scope of review by Supreme Court. On an appeal from a judgment the Supreme Court may review any order, ruling, or determination of the trial court, involving the merits and necessarily affecting the judgment and appearing upon the record including an order denying a new trial, and whether any such order, ruling, or determination […]
Section 23A-32-10 – New trial motion not required to preserve grounds for appeal.
23A-32-10. New trial motion not required to preserve grounds for appeal. Such of the matters specified in §23A-29-1 as may have been timely presented to the trial court by motion for judgment of acquittal, or other apt motion, offer, or objection may be reviewed on appeal from the judgment without necessity for an application for […]
Section 23A-32-11 – Scope of review when denial of new trial assigned as error.
23A-32-11. Scope of review when denial of new trial assigned as error. When an order denying a new trial is assigned as error, the Supreme Court may on such assignment, review all matters properly and timely presented to the trial court by the application for new trial. Source: SDC 1939 & Supp 1960, §34.4109; SDCL, […]
Section 23A-32-12 – Discretionary appeal from intermediate order before trial–Procedure.
23A-32-12. Discretionary appeal from intermediate order before trial–Procedure. As to any intermediate order made before trial, as to which an appeal is not allowed as a matter of right, either the state or the defendant may be permitted to appeal to the Supreme Court, not as a matter of right, but of sound judicial discretion, […]
Section 23A-32-13 – Constitutional issue first raised on appeal.
23A-32-13. Constitutional issue first raised on appeal. The issue of the constitutionality of any statute under which the defendant has been convicted may be raised on appeal regardless of whether it was first raised in any lower court. Source: SL 1971, ch 160; SDCL Supp, §23-51-7.1; SL 1978, ch 178, §391.
Section 23A-32-14 – Provisions as to civil appeals applicable unless otherwise provided.
23A-32-14. Provisions as to civil appeals applicable unless otherwise provided. Except as otherwise expressly provided in this chapter, all provisions of Title 15 with reference to settlement of the record, certification, and transmission thereof to the clerk of the Supreme Court, laying the foundation for appellate review of alleged errors, preparing, serving, and filing of […]
Section 23A-32-15 – Time of taking appeal.
23A-32-15. Time of taking appeal. Except as provided in §23A-32-4, 23A-32-5, or 23A-32-6, any appeal other than from a judgment must be taken within thirty days after written notice of the filing of the order shall have been given to the party appealing. An appeal from the judgment must be taken within thirty days after […]
Section 23A-32-16 – Notice of appeal–Service on adverse parties–Perfection of appeal–Fee not required of indigent defendant.
23A-32-16. Notice of appeal–Service on adverse parties–Perfection of appeal–Fee not required of indigent defendant. Appeal to the Supreme Court shall be taken by a written notice of appeal, signed by the appellant or his attorney, specifying the order or judgment, or both, appealed from and whether the appeal is taken from the whole or a […]