SDCL § 23A-17-5: (Rule 21(a)) Change of county when fair trial impossible in original county.
Where this section sits in the code
- TITLE 23A. CRIMINAL PROCEDURE
- CHAPTER 23A-17. TRANSFER OF PROCEEDINGS FROM COUNTY
A court upon motion of a defendant shall transfer his proceedings to another county if the court is satisfied that there exists, in the county where the prosecution is pending, so great a prejudice against the defendant that he cannot obtain a fair and impartial trial at any place fixed by law for holding court in that county.
Source: SDC 1939 & Supp 1960, § 34.0817; SDCL, § 23-28-7; SL 1978, ch 178, § 225.
Collected 2026-09-03T15:18:56Z. Source file · JSON