23A-33-3. Stay of further proceedings on appeal from order before judgment.
An appeal from an order made before final judgment shall stay further proceedings only by order of the trial court or by order of the Supreme Court. A trial court, however, shall have no power to stay further proceedings on an appeal provided for by §23A-32-5 or 23A-32-12.
Source: SDC 1939 & Supp 1960, §34.4106; SDCL, §23-51-12; SL 1978, ch 178, §408.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 33 - Relief Pending Appeal
Section 23A-33-1 - Stay of execution by trial court on notice of intent to appeal.
Section 23A-33-3 - Stay of further proceedings on appeal from order before judgment.
Section 23A-33-4 - (Rule 38(a)(3)) Stay of fine pending appeal--Security required of defendant.
Section 23A-33-5 - (Rule 38(a)(4)) Stay of order for probation.