South Dakota Statutes

§ 23A-6-7 — Contents required for sufficiency of indictment or information.

South Dakota § 23A-6-7
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-5INDICTMENT AND INFORMATION

This text of South Dakota § 23A-6-7 (Contents required for sufficiency of indictment or information.) 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-6-7 (2026).

Text

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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Related

State v. Logue
372 N.W.2d 151 (South Dakota Supreme Court, 1985)
119 case citations
State v. Basker
468 N.W.2d 413 (South Dakota Supreme Court, 1991)
74 case citations
State v. Darby
1996 SD 127 (South Dakota Supreme Court, 1996)
60 case citations
State v. Nelson
310 N.W.2d 777 (South Dakota Supreme Court, 1981)
34 case citations
State v. Alexander
313 N.W.2d 33 (South Dakota Supreme Court, 1981)
30 case citations
State v. Haase
446 N.W.2d 62 (South Dakota Supreme Court, 1989)
27 case citations
State v. Garnett
488 N.W.2d 695 (South Dakota Supreme Court, 1992)
17 case citations
State v. Boutchee
406 N.W.2d 708 (South Dakota Supreme Court, 1987)
11 case citations
State v. Brown
296 N.W.2d 501 (South Dakota Supreme Court, 1980)
9 case citations
State v. Snodgrass
951 N.W.2d 792 (South Dakota Supreme Court, 2020)
9 case citations

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.

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Bluebook (online)
South Dakota § 23A-6-7, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-6-7.