A prosecuting attorney may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during a trial without the consent of the defendant.
S.D. Codified Laws § 23A-44-2
(Rule 48(a)) Dismissal of charges by prosecution--Defendant's consent required during trial
Applied in 8 court decisions — leading case State v. Karlen (1999)
Most recently applied in State v. Medicine Eagle (August 2013)
Source: SDC 1939 & Supp 1960, § 34.2204; SDCL, § 23-34-7; SL 1978, ch 178, § 535.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.