State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
SENATE BILL NO. 35
Introduced by: The Committee on Judiciary at the request of the Office of the Attorney
FOR AN ACT ENTITLED, An Act to allow the prosecution to appeal from certain judgments
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-32-4 be amended to read as follows:
23A-32-4. An appeal by a prosecuting attorney in a criminal case may be taken to the
Supreme Court, as a matter of right, from a judgment, or order of a circuit court setting aside
a verdict and entering judgment of acquittal,
sustaining a motion to dismiss an indictment or
information on statutory grounds or otherwise, or granting a motion for arrest of judgment or
a motion for a new trial, or an order finding mitigating circumstances to exist in deviating from
the mandatory sentencing provisions of § 22-42-2
; but such appeals shall. However, any appeal
not bar or preclude another prosecution of the defendant for the same offense,
the dismissal is affirmed by the Supreme Court.
170 copies were printed on recycled paper by the South Dakota
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Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by