23A-30-3. Recommitment or admission to bail after arrest of judgment–Discharge if evidence insufficient.
If from the evidence introduced at a trial there is probable cause to believe a defendant is guilty, and a new indictment or information can be framed upon which he may be convicted, a court may order him to be recommitted to the officer of the proper county or admitted to bail anew to answer the new indictment or information. If there is probable cause to believe him guilty of another offense, he must be committed or held thereon. If no evidence appears sufficient to charge him with any offense, he must, if in custody, be discharged or, if admitted to bail, have his bail exonerated.
Source: SDC 1939 & Supp 1960, §34.3678; SDCL, §23-47-4; SL 1978, ch 178, §383.