23A-5-5.(Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified.
A motion to dismiss an indictment may be based on objections to the array or on the lack of legal qualifications of an individual juror, if not previously determined upon challenge. An indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears from the record kept pursuant to §23A-5-6 that five or more jurors, after deducting from the affirmative votes the number not legally qualified, concurred in finding the indictment.
Source: SL 1978, ch 178, §47.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 05 - (Rule 6) The Grand Jury
Section 23A-5-2 - New grand jury ordered after discharge of original jury--Other causes.
Section 23A-5-4 - Summons of new jurors after challenge--Oath of jurors chosen for particular case.
Section 23A-5-5 - (Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified.
Section 23A-5-7 - Oath of grand jurors.
Section 23A-5-8 - Charge to grand jury by court--Commencement of inquiries.
Section 23A-5-9 - General powers of grand jury--Access to prisons and records.
Section 23A-5-10 - Advice sought from court or prosecuting attorney.
Section 23A-5-11.1 - Recording of testimony of witness before grand jury.
Section 23A-5-12 - Testimony before grand jury by subject of investigation--Waiver of immunity.
Section 23A-5-13 - Notice of rights to subject appearing before grand jury.
Section 23A-5-14 - Removal and replacement of attorney for witness appearing before grand jury.
Section 23A-5-15 - Evidence heard by grand jury--Order for production of evidence.
Section 23A-5-17 - Disclosure by prosecuting attorney of evidence received by grand jury.
Section 23A-5-19 - Report filed when indictment not issued.
Section 23A-5-20 - (Rule 6(g)) Term of service of grand jury--Excuse and replacement of jurors.