If a prisoner taken before a judge pursuant to § 23-24-11 or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
S.D. Codified Laws § 23-24-12
Application for habeas corpus to test legality of arrest
Known as the Uniform Criminal Extradition Act
The act spans §§ 23–23 (38 sections).
Source: SDC 1939, § 34.1710; SL 1953, ch 200, § 10.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.