by admin | May 14, 2021 | Criminal Procedure, South Dakota
Prosecuting attorneys may at all times appear before the grand jury for the purpose of giving information or advice or interrogating witnesses relative to any matter cognizable by it. Prosecuting attorneys, the witness under examination and his counsel, interpreters...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The court shall appoint one of the jurors to be foreman and another to be deputy foreman. The foreman shall have power to administer oaths and affirmations and shall sign all indictments. During the absence of the foreman, the deputy foreman shall act as foreman and...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The grand jury may at all reasonable times ask the advice of the court or of the prosecuting attorney.SDCL 23A-5-10 SDC 1939 & Supp 1960, § 34.1222; SDCL, § 23-30-7; SL 1972, ch 147, § 1; SL 1978, ch 178, § 51.
by admin | May 14, 2021 | Criminal Procedure, South Dakota
A motion to dismiss an indictment may be based on objections to the array or on the lack of legal qualifications of an individual juror, if not previously determined upon challenge. An indictment shall not be dismissed on the ground that one or more members of the...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The grand jury has power, and it is its duty, to inquire into all public offenses committed or triable in its county, and to present them to the circuit court by indictment. A grand jury is entitled to free access at all reasonable times to public prisons, and to the...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
After the grand jury is impaneled and sworn, it must be charged by the court. In doing so, the court shall give the members such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court or...
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