South Dakota Codified Laws 22-14-14. Armed felony to be charged separately from principal felony charge–No offense charged when dangerous weapon an element of principal felony
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A violation of § 22-14-12 shall be charged in the indictment or information as a separate count in addition to the principal felony or attempted felony alleged to have been committed. No offense may be charged under those sections if the use of a dangerous weapon is a necessary element of the principal felony alleged to have been committed or attempted.
Terms Used In South Dakota Codified Laws 22-14-14
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Source: SL 1976, ch 158, § 14-8; SL 2005, ch 120, § 254.