South Dakota statute
SDCL § 23A-8-11 — (Rule 12(h)) Continuation in custody or on bail after grant of defendant's motion--Subsequent prosecution for same offense--Limitation statutes
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 8: (Rule 12) Pleadings And Pretrial Motions, South Dakota Codified Laws.
Full text of SDCL § 23A-8-11
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 a court grants a motion based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be continued in custody or that his bail be continued for a specified time pending the filing of a new indictment or information. An order setting aside an indictment or information pursuant to this section is no bar to a further prosecution for the same offense. Nothing in this section shall be deemed to affect the provisions of any statute relating to periods of limitations.
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