SDCL § 23A-44-2: (Rule 48(a)) Dismissal of charges by prosecution--Defendant's consent required during trial.
Where this section sits in the code
- TITLE 23A. CRIMINAL PROCEDURE
- CHAPTER 23A-44. MISCELLANEOUS ADMINISTRATIVE PROVISIONS
A prosecuting attorney may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during a trial without the consent of the defendant.
Source: SDC 1939 & Supp 1960, § 34.2204; SDCL, § 23-34-7; SL 1978, ch 178, § 535.
Collected 2026-09-03T15:18:56Z. Source file · JSON