reglab/housing_qa huggingface dataset:
SD Codified L § 23A-6-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed. Source: CCrimP 1877, §229; CL 1887, §7256; RCCrimP 1903, §236; RC 1919, §4732; Supreme Court Rule 376, 1939; SDC 1939 & Supp 1960, §34.3019; SDCL, §23-32-25; SL 1978, ch 178, §70.
SD Codified L § 23A-6-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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, §23-32-20; SL 1978, ch 178, §73.
SD Codified L § 23A-6-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 of the property taken, is not material. Source: Supreme Court Rule 370, 1939; SDC 1939 & Supp 1960, §34.3013; SDCL, §23-32-14; SL 1978, ch 178, §74.
SD Codified L § 23A-6-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 the trial, any misdescription of the instrument is immaterial. Source: Supreme Court Rule 375, 1939; SDC 1939 & Supp 1960, §34.3018; SDCL, §23-32-24; SL 1978, ch 178, §75.
SD Codified L § 23A-6-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 their usual meaning in common language, except words and phrases defined by law, which shall be interpreted according to their legal meaning. Source: SDC 1939 & Supp 1960, §§34.3003, 34.3005; SDCL, §§23-32-18, 23-32-19; SL 1978, ch 178, §76.
SD Codified L § 23A-6-18 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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.
SD Codified L § 23A-6-19 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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. If the change alleges a new offense, the defendant has the right to a preliminary hearing on the new offense.After commencement of a trial, the trial court may permit the prosecuting attorney to amend the information at any time before a verdict or finding is made, if no additional or different offense is charged and substantial rights of the defendant are not thereby prejudiced. An amendment may charge an additional or different offense with the express consent of the defendant. Source: Supreme Court Rule 397, 1939; SDC 1939 & Supp 1960, §34.3628; SDCL, §23-39-1; SL 1978, ch 178, §78.
SD Codified L § 23A-6-20 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And 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. When a defendant is prosecuted by an erroneous name, and in any stage of the proceedings his correct name is discovered, it must be inserted in the subsequent proceedings without reference to the fact that he was prosecuted by any other name. Source: Supreme Court Rule 369, 1939; SDC 1939 & Supp 1960, §34.3012; SDCL, §23-32-13; SL 1978, ch 178, §78.
SD Codified L § 23A-6-22 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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;(2)The charge is dismissed; or(3)The case is otherwise concluded;whichever occurs first. Source: SL 1975, ch 169, §4; SDCL Supp, §23-32-28; SL 1978, ch 178, §81; SL 1983, ch 182; SL 1996, ch 154.
SD Codified L § 23A-6-22.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 minor and the specific details of the alleged acts be suppressed if the trial court finds a compelling interest after consideration of the following factors: the minor victim's age, psychological maturity and understanding, the nature of the crime, the desires of the victim, and the interests of the parents and relatives. Source: SL 1995, ch 131; SL 2011, ch 124, §1.
SD Codified L § 23A-6-23 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. Source: Supreme Court Rule 366, 1939; SDC 1939 & Supp 1960, §34.3009; SDCL, §23-32-6; SL 1978, ch 178, §82.
SD Codified L § 23A-6-24 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 may be charged in one or more counts together or separately, and all of the defendants need not be charged in each count. Source: SL 1978, ch 178, §83.
SD Codified L § 23A-6-25 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 stated in the verdict. Source: Supreme Court Rule 366, 1939; SDC 1939 & Supp 1960, §34.3009; SDCL, §23-32-7; SL 1978, ch 178, §84.
SD Codified L § 23A-6-26 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 case of a felony, may issue a warrant for each defendant named in an indictment. A circuit court judge, or magistrate judge in an appropriate case, may issue a summons instead of a warrant upon the request of a prosecuting attorney. Upon like request or direction a court may issue more than one warrant or summons for the same defendant. The warrant or summons shall be delivered to a law enforcement officer or other person authorized by law to execute or serve it. If a defendant fails to appear in response to a summons, a warrant shall be issued. Source: SDC 1939 & Supp 1960, §34.1235; SDCL, §23-31-9; SL 1978, ch 178, §85; SL 1999, ch 121, §2.
SD Codified L § 23A-6-27 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 on the warrant. Source: SL 1978, ch 178, §86; SL 1999, ch 121, §3.
SD Codified L § 23A-6-28 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 more than ten days from the date the indictment was presented to the court. The summons shall be signed by the judge. Source: SL 1978, ch 178, §87; SL 1999, ch 121, §4.
SD Codified L § 23A-6-29 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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 1960, §34.1231; SDCL, §23-31-15; SL 1978, ch 178, §88.
SD Codified L § 23A-6-29.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 06 - Indictment And Information|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.
SD Codified L § 23A-7-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-1 - (Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.

23A-7-1.(Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.An arraignment shall be conducted in open court, except that an arraignment for a Class 2 misdemeanor may be conducted in chambers, and shall consist of reading the indictment, information, or complaint, as is applicable, to the defendant or stating to him the substance of the charge and calling on him to plead thereto.A defendant must be informed that if the name in the indictment, information, or complaint is not his true name, he must then declare his true name or be proceeded against by the name given in the indictment, information, or complaint. If he gives no other name, the court may proceed accordingly. If he alleges that another name is his true name, he shall be proceeded against pursuant to §23A-6-20. He shall be given a copy of the indictment, information, or complaint, as is applicable, before he is called upon to plead. Source: SDC 1939 & Supp 1960, §§34.2301, 34.3507; SDCL, §§23-35-12, 23-35-13, 23-35-18; SDCL Supp, §23A-7-6; SL 1978, ch 178, §§91, 96; SL 1979, ch 159, §5.
SD Codified L § 23A-7-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-2 - (Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere.

23A-7-2.(Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere.A defendant may plead:(1)Not guilty;(2)Not guilty and not guilty by reason of insanity;(3)Guilty;(4)Nolo contendere; or(5)Guilty but mentally ill.Except as otherwise specifically provided, a plea of guilty or nolo contendere can only be entered by a defendant himself in open court. If a defendant refuses to plead, or if the court refuses to accept a plea of guilty or nolo contendere, the court shall enter a plea of not guilty. The court may not enter a judgment unless it is satisfied that there is a factual basis for any plea except a plea of nolo contendere. Source: Supreme Court Rule 389, 1939; SDC 1939 & Supp 1960, §34.3520; SDCL, §23-35-16; SL 1978, ch 178, §92; SL 1980, ch 179, §1; SL 1983, ch 174, §5.
SD Codified L § 23A-7-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-3 - (Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.

23A-7-3.(Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.A defendant may plead nolo contendere only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interests of the public in the effective administration of justice. Source: SL 1978, ch 178, §93.
SD Codified L § 23A-7-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-4 - (Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.

23A-7-4.(Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.Before accepting a plea of guilty or nolo contendere a court must address the defendant personally in open court, subject to the exception stated in §23A-7-5, and inform him of, and determine that he understands, the following:(1)The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law;(2)If the defendant is not represented by an attorney, that he has the right to be represented by an attorney at every stage of the proceedings against him and, if necessary, one will be appointed to represent him;(3)That he has the right to plead not guilty or to persist in that plea if it has already been made, and that he has the right to assistance of counsel, the right to confront and cross-examine witnesses against him, and the right not to be compelled to incriminate himself;(4)That if he pleads guilty or nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he waives the right to a trial, the right to confront and cross-examine witnesses against him, and the right not to be compelled to incriminate himself; and(5)That if he pleads guilty or nolo contendere, the court may ask him questions about the offense to which he has pleaded, and if he answers these questions under oath, on the record, and in the presence of counsel, his answers may later be used against him in a prosecution for perjury. Source: SL 1978, ch 178, §94.
SD Codified L § 23A-7-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-5 - (Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo contendere plea--Pleading by attorney to misdemeanor--Imposition of sentence.

23A-7-5.(Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo contendere plea--Pleading by attorney to misdemeanor--Imposition of sentence.A court, except as provided in this section, shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. It shall also inquire as to whether the defendant's willingness to plead guilty or nolo contendere results from prior discussions between the prosecuting attorney and the defendant or his attorney.If a defendant is charged with a misdemeanor, his attorney may enter a plea of guilty, nolo contendere, or not guilty for him. The court shall inquire into whether the attorney has advised the defendant of the contents of §23A-7-4. If the court is satisfied that the defendant has been advised, the plea may be accepted. If the plea is guilty or nolo contendere, sentence may be imposed at that time and is binding upon the defendant. Source: SL 1913, ch 161, §2; RC 1919, §4741; SDC 1939 & Supp 1960, §34.2302; SDCL, §23-35-19; SL 1978, ch 178, §95.
SD Codified L § 23A-7-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-7 - Pleading to habitual offender information--Jury trial.

23A-7-7. Pleading to habitual offender information--Jury trial.When an habitual offender information has been filed, after a finding of guilty on the principal offense, an admission or denial shall be made and, if necessary, an election on a jury trial shall be made on the habitual offender information. Any trial may be had to another jury, at the request of the defendant. Source: SL 1959, ch 234; SDC Supp 1960, §34.3009-1; SL 1961, ch 183; SDCL, §23-32-11; SL 1976, ch 158, §7-7; SL 1978, ch 178, §97.
SD Codified L § 23A-7-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-8 - (Rule 11(e)(1)) Plea bargaining permitted--Concessions by prosecutor permitted--Notice to victims.

23A-7-8.(Rule 11(e)(1)) Plea bargaining permitted--Concessions by prosecutor permitted--Notice to victims.A prosecuting attorney and an attorney for a defendant or a defendant when acting pro se may engage in discussions, with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the prosecuting attorney will do any one or more of the following:(1)Move for dismissal of other charges or not file additional charges arising out of a different occurrence;(2)Make a recommendation, or agree not to oppose the defendant's request, for a particular sentence, with the understanding that such recommendation or request shall not be binding upon the court;(3)Agree that a specific sentence is the appropriate disposition of the case; or(4)Perform other specified acts to be made a part of the agreement.A court shall not participate in such discussions. The prosecuting attorney shall make a reasonable effort to provide each victim of a crime of violence or an offense pursuant to chapter 22-22, his designee, or closest next of kin if victim is deceased, of the defendant's crime with an opportunity to comment on the terms of the plea agreement to the prosecuting attorney. If the victim is a minor, the victim's parent or guardian may comment on the terms of the plea agreement to the prosecuting attorney. Source: SL 1978, ch 178, §98; SL 1983, ch 183, §1; SL 1985, ch 194, §1.
SD Codified L § 23A-7-8.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-8.1 - Victim's failure to comment--Effect.

23A-7-8.1. Victim's failure to comment--Effect.If a victim or his designee fails to exercise the right granted by §23A-7-8 or 23A-7-9, the failure is not grounds for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction. Source: SL 1985, ch 194, §3.