South Dakota Codified Laws 23A-10A-2. Incompetent person cannot be tried, sentenced or punished
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A person cannot be tried, sentenced, or punished for any public offense while he is mentally incompetent to proceed.
Terms Used In South Dakota Codified Laws 23A-10A-2
- mentally incompetent to proceed: as used in this chapter , means the condition of a person who is suffering from a mental disease, developmental disability, as defined in §. See South Dakota Codified Laws 23A-10A-1
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: CCrimP 1877, § 514; CL 1887, § 7564; RCCrimP 1903, § 543; RC 1919, § 4793; SDC 1939 & Supp 1960, § 34.2001; SDCL, § 23-38-1; SL 1978, ch 175, § 1.