23-24B-4.2. Scope of circuit judge's inquiry.
The guilt or innocence of an accused as to the crime of which he is charged may not be inquired into by a circuit court judge in any extradition proceeding except as it may be necessary to identify the person held as being the person charged with the crime.
Source: SL 1978, ch 172, ยง10.
Structure South Dakota Codified Laws
Chapter 24B - Extradition Of Fugitive Indians
Section 23-24B-1 - Extradition to tribe of Indian fugitive found within state's jurisdiction.
Section 23-24B-3.1 - Extradition or prosecution of state charges against fugitive Indian.
Section 23-24B-3.2 - Submission of documents to circuit judge--Warrant of arrest.
Section 23-24B-4 - Proceedings conducted between circuit judge and tribal judge or magistrate.
Section 23-24B-4.1 - Investigation and report to judge by attorney general.
Section 23-24B-4.2 - Scope of circuit judge's inquiry.
Section 23-24B-5 - Governor's participation not required.
Section 23-24B-6 - Habeas corpus provisions applicable.
Section 23-24B-7 - Waiver of extradition--Advice as to rights.
Section 23-24B-8 - Temporary detention of fugitive being transported--Expense.