23A-8-11.(Rule 12(h)) Continuation in custody or on bail after grant of defendant's motion--Subsequent prosecution for same offense--Limitation statutes.
If a court grants a motion based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be continued in custody or that his bail be continued for a specified time pending the filing of a new indictment or information. An order setting aside an indictment or information pursuant to this section is no bar to a further prosecution for the same offense. Nothing in this section shall be deemed to affect the provisions of any statute relating to periods of limitations.
Source: SDC 1939 & Supp 1960, §§34.3512, 34.3513; SDCL, §§23-36-6, 23-36-7; SL 1978, ch 178, §116.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 08 - (Rule 12) Pleadings And Pretrial Motions
Section 23A-8-1 - (Rule 12(a)) Pleadings enumerated--Motions replacing previous forms of pleadings.
Section 23A-8-2 - Grounds for dismissal of indictment or information on motion.
Section 23A-8-4 - (Rule 12(c)) Setting time for making and hearing motions.
Section 23A-8-5 - Subsequent hearing on motion to suppress newly discovered evidence.
Section 23A-8-10 - (Rule 12(g)) Record of hearing on motions.