§ 23A-6-1 Indictment or information required for prosecution of offense–Exceptions
§ 23A-6-3 Preliminary hearing required for filing felony information–Exceptions
§ 23A-6-4 (Rule 7(c)(1)) Allegations contained in indictment or information–Incorporation by reference–Citation of law–Error in citation
§ 23A-6-6 Additional allegations not required against accessory before fact
§ 23A-6-7 Contents required for sufficiency of indictment or information
§ 23A-6-8 Presumptions need not be stated–Judicial notice
§ 23A-6-9 Precise time of offense need not be stated
§ 23A-6-10 Endorsement of witnesses on information–Calling other witnesses
§ 23A-6-11 Allegation as to money or securities stolen
§ 23A-6-12 Description of money taken by robbery or theft
§ 23A-6-13 Allegations in indictment or information for perjury
§ 23A-6-14 (Rule 7(c)(3)) Sufficiency of indictment or information despite nonprejudicial defect
§ 23A-6-15 Erroneous allegation as to victim of offense
§ 23A-6-16 Unavailability of instrument on indictment or information for forgery
§ 23A-6-17 Statutory words not required in indictment or information–Interpretation of words and phrases
§ 23A-6-18 (Rule 7(d)) Surplusage stricken on motion
§ 23A-6-19 (Rule 7(e)) Amendment of information before trial–Allegation of new offense–Amendment during trial
§ 23A-6-20 Amendment to correct name of defendant
§ 23A-6-22 Suppression of names and details in rape, incest, or sexual contact prosecution
§ 23A-6-22.1 Suppression of name of minor victim of rape, incest, or sexual contact and details of alleged acts
§ 23A-6-23 (Rule 8(a)) Joinder of related offenses in same indictment or information
§ 23A-6-24 (Rule 8(b)) Joinder of two or more defendants in same indictment or information
§ 23A-6-25 Election between offenses or counts not required–Separate statements in verdict
§ 23A-6-26 (Rule 9(a)) Warrant or summons on indictment–Delivery for execution–Warrant on defendant’s failure to respond to summons
§ 23A-6-27 (Rule 9(b)(1)) Form of warrant–Contents–Endorsement as to bail
§ 23A-6-28 (Rule 9(b)(2)) Form and contents of summons–Time of required appearance–Signature
§ 23A-6-29 (Rule 9(c)(1)) Execution or service of warrant or summons–Arrested person brought before court
§ 23A-6-29.1 Powers granted magistrate judge
§ 23A-6-30 (Rule 9(c)(2)) Return of warrant or summons to court–Cancellation or delivery to another of unexecuted warrant or summons
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 6 - Indictment and Information

  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2