23A-44-2.(Rule 48(a)) Dismissal of charges by prosecution--Defendant's consent required during trial.
A prosecuting attorney may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during a trial without the consent of the defendant.
Source: SDC 1939 & Supp 1960, §34.2204; SDCL, §23-34-7; SL 1978, ch 178, §535.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 44 - Miscellaneous Administrative Provisions
Section 23A-44-3 - Dismissal of charges for unnecessary delay in prosecution.
Section 23A-44-4 - Discharge of defendant and release of bail on dismissal of charges.
Section 23A-44-5 - Subsequent prosecution not barred by dismissal.
Section 23A-44-5.1 - Time allowed for disposition of criminal case--Periods excluded--Dismissal.
Section 23A-44-6 - Trial in one county as bar to prosecution in another.
Section 23A-44-7 - Service on parties of motions, notices, and similar papers.
Section 23A-44-8 - (Rule 49(b)) Service on attorney for party--Service as in civil proceedings.
Section 23A-44-11 - (Rule 50(a)) Placement on calendars--Preference to criminal proceedings.
Section 23A-44-14 - (Rule 52(a)) Defects not affecting substantial rights disregarded.
Section 23A-44-15 - (Rule 52(b)) Plain error noticed though not brought to court's attention.