South Dakota Codified Laws 23A-10A-5. Suspension of proceedings pending determination of defendant’s competency
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The trial of the indictment or information or the sentencing, as the case may be, shall be suspended until the question of mental competency is determined by the court.
Terms Used In South Dakota Codified Laws 23A-10A-5
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SDC 1939 & Supp 1960, § 34.2002; SDCL, § 23-38-3; SL 1978, ch 175, § 5; SL 1991, ch 199, § 10; SL 1991, ch 200.