by admin | May 14, 2021 | Criminal Procedure, South Dakota
Either the prosecuting attorney or a defendant may challenge the array of grand jurors on the ground that a grand jury was not selected, drawn or summoned in accordance with law and may challenge an individual grand juror on the ground that the juror is not legally...
by admin | May 14, 2021 | Family Law, South Dakota
If one party deserts the other and, before the expiration of the statutory period required to make the desertion a cause of divorce, returns and offers in good faith to fulfill the marriage contract and solicits condonation, the desertion is cured. If the other party...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
If a grand jury is discharged by an allowance of a challenge to the panel, or if an offense is committed during the sitting of the court after the discharge of a grand jury, or if after such discharge a new indictment becomes requisite by reason of an arrest of...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the committing magistrate shall forthwith hold him to answer in the trial court of the county having jurisdiction of the...
by admin | May 14, 2021 | Family Law, South Dakota
Consent to a separation is a revocable act and if one of the parties afterwards in good faith seeks a reconciliation and restoration, but the other refuses it, such refusal is desertion.SDCL 25-4-13 SDC 1939, ยง 14.0709 (6).
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Either the defendant or the prosecuting attorney may, at any time prior to the commencement of a preliminary hearing before a lay magistrate, make a motion that the proceedings be transferred to a magistrate judge or to the circuit court. Upon such a motion the lay...
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