South Dakota Statutes
§ 23A-6-7 — Contents required for sufficiency of indictment or information.
An indictment or information is sufficient if it can be understood therefrom:
(1)That it is entitled in a court having authority to receive it, although the name of the court is not stated;
(2)That the indictment was found by a grand jury of the county in which the public offense was committed;
(3)That the defendant is named or, if his name is unknown, that he is described by a fictitious name with a statement that his true name is unknown to the grand jury or prosecuting attorney;
(4)That the offense charged was committed within the jurisdiction of the county; and (5) That the offense charged is designated in such a manner as to enable a person of common understanding to know what is intended.
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South Dakota § 23A-6-7 (Contents required for sufficiency of indictment or information.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Logue
372 N.W.2d 151 (South Dakota Supreme Court, 1985)
State v. Basker
468 N.W.2d 413 (South Dakota Supreme Court, 1991)
State v. Darby
1996 SD 127 (South Dakota Supreme Court, 1996)
State v. Nelson
310 N.W.2d 777 (South Dakota Supreme Court, 1981)
State v. Alexander
313 N.W.2d 33 (South Dakota Supreme Court, 1981)
State v. Haase
446 N.W.2d 62 (South Dakota Supreme Court, 1989)
State v. Garnett
488 N.W.2d 695 (South Dakota Supreme Court, 1992)
State v. Boutchee
406 N.W.2d 708 (South Dakota Supreme Court, 1987)
State v. Brown
296 N.W.2d 501 (South Dakota Supreme Court, 1980)
State v. Snodgrass
951 N.W.2d 792 (South Dakota Supreme Court, 2020)
Legislative History
CCrimP 1877, § 222; CL 1887, § 7249; RCCrimP 1903, § 229; SL 1913, ch 242; RC 1919, § 4725; Supreme Court Rule 367, 1939; SDC 1939 & Supp 1960, § 34.3010; SDCL, § 23-32-12; SL 1978, ch 178, § 67.
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.