South Dakota § 23A-5-5 (Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified.

South Dakota Statutes

§ 23A-5-5 — (Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified.

South Dakota § 23A-5-5

Title 23ACRIMINAL PROCEDURE

Ch. 23A-5(RULE 6) THE GRAND JURY

This text of South Dakota § 23A-5-5 ((Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified.) 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-5-5 (2026).

Text

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 grand jury were not legally qualified if it appears from the record kept pursuant to § 23A-5-6 that five or more jurors, after deducting from the affirmative votes the number not legally qualified, concurred in finding the indictment.

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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 grand jury were not legally qualified if it appears from the record kept pursuant to § 23A-5-6 that five or more jurors, after deducting from the affirmative votes the number not legally qualified, concurred in finding the indictment.