SDCL § 23A-39-2: (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.
Where this section sits in the code
- TITLE 23A. CRIMINAL PROCEDURE
- CHAPTER 23A-39. (RULE 43) PRESENCE OF THE DEFENDANT
The further progress of a trial to and including the return of a verdict shall not be prevented whenever a defendant who was initially present:
(1) In noncapital cases, voluntarily absents himself after the trial has commenced; or
(2) Engages in conduct which justifies his being excluded from the courtroom.
Source: SL 1978, ch 178, § 486.
Collected 2026-09-03T15:18:56Z. Source file · JSON