SDCL § 23A-6-20: Amendment to correct name of defendant.
Where this section sits in the code
- TITLE 23A. CRIMINAL PROCEDURE
- CHAPTER 23A-6. INDICTMENT AND INFORMATION
When a defendant is prosecuted by a fictitious name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, with reference to the fact that he was prosecuted by the name mentioned in the indictment, information, or complaint. When a defendant is prosecuted by an erroneous name, and in any stage of the proceedings his correct name is discovered, it must be inserted in the subsequent proceedings without reference to the fact that he was prosecuted by any other name.
Source: Supreme Court Rule 369, 1939; SDC 1939 & Supp 1960, § 34.3012; SDCL, § 23-32-13; SL 1978, ch 178, § 78.
Collected 2026-09-03T15:18:56Z. Source file · JSON