23A-32-18. Remand to trial court for new trial motion.
The Supreme Court, after an appeal has been perfected, may, under the conditions specified and in the same manner as provided by §15-30-1, remand the record to the trial court for the purpose of entertaining a motion for new trial.
Source: SDC 1939 & Supp 1960, §34.4112; SDCL, §23-51-15; SL 1978, ch 178, §396.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 32 - Appeals To Supreme Court
Section 23A-32-1 - Transcript prepared when necessary to protect defendant's rights.
Section 23A-32-2 - Defendant's right to appeal.
Section 23A-32-3 - Reproduction of brief for indigent defendant--Form and contents.
Section 23A-32-6 - Time for appeal by prosecution.
Section 23A-32-7 - Release on bail pending appeal by prosecution.
Section 23A-32-9 - Scope of review by Supreme Court.
Section 23A-32-10 - New trial motion not required to preserve grounds for appeal.
Section 23A-32-11 - Scope of review when denial of new trial assigned as error.
Section 23A-32-12 - Discretionary appeal from intermediate order before trial--Procedure.
Section 23A-32-13 - Constitutional issue first raised on appeal.
Section 23A-32-14 - Provisions as to civil appeals applicable unless otherwise provided.
Section 23A-32-15 - Time of taking appeal.
Section 23A-32-18 - Remand to trial court for new trial motion.
Section 23A-32-19 - Disposition of case directed by Supreme Court.
Section 23A-32-20 - Time for appeal by personal representative of deceased defendant's estate.
Section 23A-32-22 - Discretionary appeals of illegal sentences.