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South Dakota statute

SDCL § 23A-5-5 — (Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 5: (Rule 6) The Grand Jury, South Dakota Codified Laws.

Full text of SDCL § 23A-5-5

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.

SDCL § 23A-5-5Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
A motion to dismiss an indictment may be based on objections to the array or on the lack of legal qualifications of an individual juror, if not previously determined upon challenge. An indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears from the record kept pursuant to § 23A-5-6 that five or more jurors, after deducting from the affirmative votes the number not legally qualified, concurred in finding the indictment.

Official sources

This reference is informational and is not legal advice.