S.D. Codified Laws § 23A-4-7

Current through the 2024 Legislative Session

Section 23A-4-7 - (Rule 5.1(b)) Discharge and dismissal in absence of probable cause-Subsequent prosecution on same offense

If from the evidence it appears that there is not probable cause to believe that an offense has been committed or that the defendant committed it, the committing magistrate shall dismiss the complaint and discharge the defendant. The discharge of a defendant does not preclude a prosecuting attorney from instituting a subsequent prosecution for the same offense.

SDCL 23A-4-7

SDC 1939 & Supp 1960, § 34.1406; SDCL, § 23-27-13; SL 1978, ch 178, § 42.