South Dakota Statutes
§ 23A-6-19 — (Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial.
If trial has not commenced, a prosecuting attorney may amend an information to allege, or to change the allegations regarding, any offense arising out of the same alleged conduct of the defendant that gave rise to any offense alleged in the original information. If the change alleges a new offense, the defendant has the right to a preliminary hearing on the new offense. After commencement of a trial, the trial court may permit the prosecuting attorney to amend the information at any time before a verdict or finding is made, if no additional or different offense is charged and substantial rights of the defendant are not thereby prejudiced. An amendment may charge an additional or different offense with the express consent of the defendant.
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South Dakota § 23A-6-19 ((Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Rough Surface
440 N.W.2d 746 (South Dakota Supreme Court, 1989)
State v. Stuck
434 N.W.2d 43 (South Dakota Supreme Court, 1988)
State v. Lohnes
432 N.W.2d 77 (South Dakota Supreme Court, 1988)
State v. Alexander
313 N.W.2d 33 (South Dakota Supreme Court, 1981)
State v. Chernotik
2003 SD 129 (South Dakota Supreme Court, 2003)
Legislative History
Supreme Court Rule 397, 1939; SDC 1939 & Supp 1960, § 34.3628; SDCL, § 23-39-1; SL 1978, ch 178, § 78.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.