23-24-12. Application for habeas corpus to test legality of arrest.
If a prisoner taken before a judge pursuant to §23-24-11 or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
Source: SDC 1939, §34.1710; SL 1953, ch 200, §10.
Structure South Dakota Codified Laws
Chapter 24 - Extradition Proceedings
Section 23-24-1 - Definition of terms.
Section 23-24-2 - Fugitives from other states--Governor to cause arrest and delivery.
Section 23-24-3 - Form of demand for extradition to another state.
Section 23-24-4 - Investigation by Governor.
Section 23-24-6 - Fugitive from another state who departed therefrom involuntarily.
Section 23-24-8 - Governor's warrant of arrest--Issuance--Recitals.
Section 23-24-9 - Manner and place of execution.
Section 23-24-10 - Authority of arresting officer.
Section 23-24-12 - Application for habeas corpus to test legality of arrest.
Section 23-24-13 - Confinement in jail when necessary.
Section 23-24-15 - Arrest prior to requisition.
Section 23-24-16 - Arrest without a warrant.
Section 23-24-17 - Commitment to await requisition.
Section 23-24-18 - Bail pending proceedings--Conditions of bond.
Section 23-24-20 - Forfeiture of bail.
Section 23-24-21 - Persons under criminal prosecution in this state at time of requisition.
Section 23-24-23 - Governor may recall warrant or issue alias.
Section 23-24-24 - Written waiver of extradition proceedings.
Section 23-24-25 - Consent to return to demanding state--Execution--Filing--Effect.
Section 23-24-26 - Voluntary return without formality.
Section 23-24-27 - Nonwaiver by this state.
Section 23-24-28 - Fugitives from this state--Governor to issue warrant.
Section 23-24-31 - Application for Governor's requisition--Verification--Accompanying documents.
Section 23-24-32 - Disposition of copies of application and accompanying documents.
Section 23-24-33 - Immunity from civil process.
Section 23-24-34 - No immunity as to prosecution for other crimes.
Section 23-24-36 - Custody and restraint of person in South Dakota by agent of foreign state.
Section 23-24-37 - Uniformity of interpretation.