South Dakota Statutes

§ 23A-7-1 — (Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.

South Dakota § 23A-7-1
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-5ARRAIGNMENT AND PLEAS

This text of South Dakota § 23A-7-1 ((Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.) 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-7-1 (2026).

Text

An arraignment shall be conducted in open court, except that an arraignment for a Class 2 misdemeanor may be conducted in chambers, and shall consist of reading the indictment, information, or complaint, as is applicable, to the defendant or stating to him the substance of the charge and calling on him to plead thereto. A defendant must be informed that if the name in the indictment, information, or complaint is not his true name, he must then declare his true name or be proceeded against by the name given in the indictment, information, or complaint. If he gives no other name, the court may proceed accordingly. If he alleges that another name is his true name, he shall be proceeded against pursuant to § 23A-6-20 . He shall be given a copy of the indictment, information, or complaint, as i

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Related

State v. Burgers
1999 SD 140 (South Dakota Supreme Court, 1999)
17 case citations
State v. Mitchell
491 N.W.2d 438 (South Dakota Supreme Court, 1992)
14 case citations
State v. Hankins
982 N.W.2d 21 (South Dakota Supreme Court, 2022)
9 case citations
State v. Winters
414 N.W.2d 1 (South Dakota Supreme Court, 1987)
9 case citations
State v. Anderson
2013 S.D. 36 (South Dakota Supreme Court, 2013)
2 case citations

Legislative History

SDC 1939 & Supp 1960, §§ 34.2301, 34.3507; SDCL, §§ 23-35-12, 23-35-13, 23-35-18; SDCL Supp, §

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Bluebook (online)
South Dakota § 23A-7-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-7-1.