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
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)
State v. Mitchell
491 N.W.2d 438 (South Dakota Supreme Court, 1992)
State v. Hankins
982 N.W.2d 21 (South Dakota Supreme Court, 2022)
State v. Winters
414 N.W.2d 1 (South Dakota Supreme Court, 1987)
State v. Anderson
2013 S.D. 36 (South Dakota Supreme Court, 2013)
Legislative History
SDC 1939 & Supp 1960, §§ 34.2301, 34.3507; SDCL, §§ 23-35-12, 23-35-13, 23-35-18; SDCL Supp, §
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.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-7-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-7-1.