23A-19-7. Trial of sufficiency of challenge--Trial of fact issues.
A court must first try the sufficiency of a challenge, assuming the facts alleged therein to be true. If the court determines that the facts alleged, if true, constitute sufficient grounds for challenge to the panel, the objecting party may then deny the facts alleged in the challenge. The denial may be oral and must be entered on the record. The court must then proceed to try the issue of fact.
Source: SDC 1939 & Supp 1960, §34.3613; SDCL, §§23-43-15, 23-43-16; SL 1978, ch 178, §268.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Section 23A-19-1 - Panel defined.
Section 23A-19-2 - Challenge to panel defined.
Section 23A-19-3 - Grounds for challenge to panel--Bias of officer summoning additional jurors.
Section 23A-19-4 - Time for challenge to panel--Ground stated.
Section 23A-19-5 - Challenge to panel when several defendants tried together.
Section 23A-19-6 - Objection to challenge--Entry and trial.
Section 23A-19-7 - Trial of sufficiency of challenge--Trial of fact issues.
Section 23A-19-8 - Examination of officers on trial of challenge to panel.