For the purposes of this chapter the term, conviction, shall be deemed to include the judgment and sentence of the trial court, and shall be final unless reversed or set aside on appeal or judicial review. Also, for the purposes of this chapter a forfeiture of bail or collateral deposited to secure a defendant‘s appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.

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Terms Used In South Dakota Codified Laws 32-12-53

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Source: SL 1959, ch 261, § 19; SDC Supp 1960, § 44.03B19 (3); SL 1961, ch 234.