South Dakota Codified Laws
Chapter 06 - Indictment And Information
Section 23A-6-7 - Contents required for sufficiency of indictment or information.

23A-6-7. Contents required for sufficiency of indictment or information.
An indictment or information is sufficient if it can be understood therefrom:
(1)That it is entitled in a court having authority to receive it, although the name of the court is not stated;
(2)That the indictment was found by a grand jury of the county in which the public offense was committed;
(3)That the defendant is named or, if his name is unknown, that he is described by a fictitious name with a statement that his true name is unknown to the grand jury or prosecuting attorney;
(4)That the offense charged was committed within the jurisdiction of the county; and
(5)That the offense charged is designated in such a manner as to enable a person of common understanding to know what is intended.

Source: CCrimP 1877, §222; CL 1887, §7249; RCCrimP 1903, §229; SL 1913, ch 242; RC 1919, §4725; Supreme Court Rule 367, 1939; SDC 1939 & Supp 1960, §34.3010; SDCL, §23-32-12; SL 1978, ch 178, §67.

Structure South Dakota Codified Laws