23A-6-19.(Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial.
If trial has not commenced, a prosecuting attorney may amend an information to allege, or to change the allegations regarding, any offense arising out of the same alleged conduct of the defendant that gave rise to any offense alleged in the original information. If the change alleges a new offense, the defendant has the right to a preliminary hearing on the new offense.
After commencement of a trial, the trial court may permit the prosecuting attorney to amend the information at any time before a verdict or finding is made, if no additional or different offense is charged and substantial rights of the defendant are not thereby prejudiced. An amendment may charge an additional or different offense with the express consent of the defendant.
Source: Supreme Court Rule 397, 1939; SDC 1939 & Supp 1960, §34.3628; SDCL, §23-39-1; SL 1978, ch 178, §78.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 06 - Indictment And Information
Section 23A-6-1 - Indictment or information required for prosecution of offense--Exceptions.
Section 23A-6-3 - Preliminary hearing required for filing felony information--Exceptions.
Section 23A-6-6 - Additional allegations not required against accessory before fact.
Section 23A-6-7 - Contents required for sufficiency of indictment or information.
Section 23A-6-8 - Presumptions need not be stated--Judicial notice.
Section 23A-6-9 - Precise time of offense need not be stated.
Section 23A-6-10 - Endorsement of witnesses on information--Calling other witnesses.
Section 23A-6-11 - Allegation as to money or securities stolen.
Section 23A-6-12 - Description of money taken by robbery or theft.
Section 23A-6-13 - Allegations in indictment or information for perjury.
Section 23A-6-15 - Erroneous allegation as to victim of offense.
Section 23A-6-16 - Unavailability of instrument on indictment or information for forgery.
Section 23A-6-18 - (Rule 7(d)) Surplusage stricken on motion.
Section 23A-6-20 - Amendment to correct name of defendant.
Section 23A-6-22 - Suppression of names and details in rape, incest, or sexual contact prosecution.
Section 23A-6-23 - (Rule 8(a)) Joinder of related offenses in same indictment or information.
Section 23A-6-24 - (Rule 8(b)) Joinder of two or more defendants in same indictment or information.
Section 23A-6-25 - Election between offenses or counts not required--Separate statements in verdict.
Section 23A-6-27 - (Rule 9(b)(1)) Form of warrant--Contents--Endorsement as to bail.