2011 South Dakota Code
Title 23A CRIMINAL PROCEDURE
Chapter 39. (Rule 43) Presence Of The Defendant
§23A-39-2 (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.


SD Codified L § 23A-39-2 (through 2011) What's This?

23A-39-2. (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion. The further progress of a trial to and including the return of a verdict shall not be prevented whenever a defendant who was initially present:

(1) In noncapital cases, voluntarily absents himself after the trial has commenced; or

(2) Engages in conduct which justifies his being excluded from the courtroom.

Source: SL 1978, ch 178, § 486.

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