Section 23A-6-26 – (Rule 9(a)) Warrant or summons on indictment–Delivery for execution–Warrant on defendant’s failure to respond to summons.
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 […]
Section 23A-6-27 – (Rule 9(b)(1)) Form of warrant–Contents–Endorsement as to bail.
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 […]
Section 23A-6-28 – (Rule 9(b)(2)) Form and contents of summons–Time of required appearance–Signature.
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 […]
Section 23A-6-29 – (Rule 9(c)(1)) Execution or service of warrant or summons–Arrested person brought before court.
23A-6-29.(Rule 9(c)(1)) Execution or service of warrant or summons–Arrested person brought before court. A warrant shall be executed or a summons served as provided in §§23A-2-7 to 23A-2-11, inclusive. The officer executing a warrant shall bring the arrested person promptly before the court for the purpose of admission to bail. Source: SDC 1939 & Supp […]
Section 23A-6-29.1 – Powers granted magistrate judge.
23A-6-29.1. Powers granted magistrate judge. If directed to do so by the presiding judge of the circuit, a magistrate judge may set bail and take not guilty pleas in felony cases. Source: SL 1999, ch 121, §1.
Section 23A-6-22 – Suppression of names and details in rape, incest, or sexual contact prosecution.
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; […]
Section 23A-6-22.1 – Suppression of name of minor victim of rape, incest, or sexual contact and details of alleged acts.
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 […]
Section 23A-6-23 – (Rule 8(a)) Joinder of related offenses in same indictment or information.
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 […]
Section 23A-6-24 – (Rule 8(b)) Joinder of two or more defendants in same indictment or information.
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 […]
Section 23A-6-25 – Election between offenses or counts not required–Separate statements in verdict.
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 […]