23A-32-19. Disposition of case directed by Supreme Court.
The Supreme Court by its judgment may reverse, affirm, or modify the judgment or order appealed from, and may direct a new trial, or when the appeal is from a judgment and the defendant assigns as error a ruling of the court denying a motion for a judgment of acquittal and the court determines that such motion should have been granted, the court may order that such judgment of acquittal be entered.
Source: SDC 1939 & Supp 1960, §34.4109; SDCL, §23-51-20; SL 1978, ch 178, §397.
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.