23A-4-7.(Rule 5.1(b)) Discharge and dismissal in absence of probable cause–Subsequent prosecution on same offense.
If from the evidence it appears that there is not probable cause to believe that an offense has been committed or that the defendant committed it, the committing magistrate shall dismiss the complaint and discharge the defendant. The discharge of a defendant does not preclude a prosecuting attorney from instituting a subsequent prosecution for the same offense.
Source: SDC 1939 & Supp 1960, §34.1406; SDCL, §23-27-13; SL 1978, ch 178, §42.