An accessory to the commission of a felony may be prosecuted, tried, and punished, even if the principal is not prosecuted or tried, or even if the principal was acquitted.
S.D. Codified Laws § 22-3-5.1
Accessory punishable though principal not tried or acquitted
Applied in 2 court decisions — leading case State v. Miller (1988)
Most recently applied in State v. Dutton (June 2023)
Source: SDC 1939 & Supp 1960, § 34.0505; SDCL, § 23-10-5; SL 1978, ch 185, § 3; SL 2005, ch 120, § 375.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.