South Dakota § 23A-4-6 (Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received.

South Dakota Statutes

§ 23A-4-6 — (Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received.

South Dakota § 23A-4-6

Title 23ACRIMINAL PROCEDURE

Ch. 23A-4PRELIMINARY PROCEEDINGS BEFORE MAGISTRATE

This text of South Dakota § 23A-4-6 ((Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received.) 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 § 23A-4-6 (2026).

Text

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 offense. The defendant may cross - examine witnesses against him and may introduce evidence in his own behalf. The rules of evidence shall apply, except that an objection to evidence on the ground that it was acquired by unlawful means is not properly made at the preliminary hearing. Motions to suppress such evidence must be made to the trial court as provided in §§ 23A-8-3 to 23A-8-9 , inclusive.

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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 offense. The defendant may cross - examine witnesses against him and may introduce evidence in his own behalf. The rules of evidence shall apply, except that an objection to evidence on the ground that it was acquired by unlawful means is not properly made at the preliminary hearing. Motions to suppress such evidence must be made to the trial court as provided in §§ 23A-8-3 to 23A-8-9 , inclusive.