South Dakota statute
SDCL § 23A-30-3 — Recommitment or admission to bail after arrest of judgment--Discharge if evidence insufficient
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 30: (Rule 34) Arrest Of Judgment, South Dakota Codified Laws.
Full text of SDCL § 23A-30-3
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
If from the evidence introduced at a trial there is probable cause to believe a defendant is guilty, and a new indictment or information can be framed upon which he may be convicted, a court may order him to be recommitted to the officer of the proper county or admitted to bail anew to answer the new indictment or information. If there is probable cause to believe him guilty of another offense, he must be committed or held thereon. If no evidence appears sufficient to charge him with any offense, he must, if in custody, be discharged or, if admitted to bail, have his bail exonerated.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.