South Dakota Statutes

§ 21-27-26 — Order remanding applicant to custody--Conclusive on second application for writ.

South Dakota § 21-27-26
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-26HABEAS CORPUS

This text of South Dakota § 21-27-26 (Order remanding applicant to custody--Conclusive on second application for writ.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 21-27-26 (2026).

Text

When any person shall be remanded in any habeas corpus proceeding, it shall be the duty of the court or judge remanding him to make out and deliver to the sheriff or other person to whose custody he shall be remanded an order in writing stating the cause or causes of remanding him. If such person shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff, or other person to whom the same shall be directed, to return therewith the order aforesaid, and if it shall appear that such person was remanded for any offense adjudged not bailable, it shall be taken and received as conclusive and the applicant shall be remanded without further proceedings.

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Legislative History

CCrimP 1877, § 675; CL 1887, § 7843; RCCrimP 1903, § 775; RC 1919, § 4981; SDC 1939 & Supp 1960, § 37.5505.

Nearby Sections

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Bluebook (online)
South Dakota § 21-27-26, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-27-26.