There is a newer version of the South Dakota Codified Laws
2010 South Dakota Code
Title 21 - JUDICIAL REMEDIES
Chapter 27 - Habeas Corpus
Sections 21-27-27, 21-27-28 - Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody. Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment
21-27-27. Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody. It shall not be lawful for any court or judge, on a second writ of habeas corpus, to discharge any person, if he is clearly and specifically charged in the warrant of commitment with a criminal offense; but the court or judge shall, on the return of such second writ, have power only to admit such person to bail, where the offense is bailable by law, or remand him to prison where the offense is not bailable, or where such person shall fail to give the bail required.Source: CCrimP 1877, § 676; CL 1887, § 7844; RCCrimP 1903, § 776; RC 1919, § 4982; SDC 1939 & Supp 1960, § 37.5505.
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