23A-9-4.(Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right to testify.
Upon the failure of either party to comply with the requirements of §23A-9-1, 23A-9-2, or 23A-9-3, the court shall exclude the testimony of any undisclosed witness offered by such party as to the defendant's absence from or presence at, the scene of the alleged offense. This section shall not limit the right of a defendant to testify in his own behalf.
Source: Supreme Court Rule 362, 1939; SDC 1939 & Supp 1960, §34.2801; SDCL, §23-37-6; SL 1974, ch 168, §1; SDCL Supp, §23-37-5; SL 1978, ch 178, §120; SL 1979, ch 159, §8.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 09 - (Rule 12.1) Notice Of Alibi
Section 23A-9-1 - (Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents.
Section 23A-9-2 - (Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi defense.
Section 23A-9-3 - (Rule 12.1(c)) Notice to adverse party of newly discovered witness on alibi.
Section 23A-9-5 - (Rule 12.1(e)) Exception granted to notice requirements.
Section 23A-9-6 - (Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal.