23A-7-1.(Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.
An arraignment shall be conducted in open court, except that an arraignment for a Class 2 misdemeanor may be conducted in chambers, and shall consist of reading the indictment, information, or complaint, as is applicable, to the defendant or stating to him the substance of the charge and calling on him to plead thereto.
A defendant must be informed that if the name in the indictment, information, or complaint is not his true name, he must then declare his true name or be proceeded against by the name given in the indictment, information, or complaint. If he gives no other name, the court may proceed accordingly. If he alleges that another name is his true name, he shall be proceeded against pursuant to §23A-6-20. He shall be given a copy of the indictment, information, or complaint, as is applicable, before he is called upon to plead.
Source: SDC 1939 & Supp 1960, §§34.2301, 34.3507; SDCL, §§23-35-12, 23-35-13, 23-35-18; SDCL Supp, §23A-7-6; SL 1978, ch 178, §§91, 96; SL 1979, ch 159, §5.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 07 - Arraignment And Pleas
Section 23A-7-3 - (Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.
Section 23A-7-4 - (Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.
Section 23A-7-7 - Pleading to habitual offender information--Jury trial.
Section 23A-7-8.1 - Victim's failure to comment--Effect.
Section 23A-7-10 - (Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.
Section 23A-7-12 - (Rule 11(e)(5)) Time of notification to court of plea agreement.
Section 23A-7-15 - (Rule 11(g)) Record of proceedings at which plea entered--Contents.
Section 23A-7-16 - Guilty but mentally ill plea--Prerequisites to acceptance.