Pending appellate review of an order discharging a prisoner on habeas corpus, he shall be admitted to bail without surety.

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Terms Used In South Dakota Codified Laws 21-27-22

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.

Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (4).