South Dakota Codified Laws 21-27-19. Admission to bail on grant of writ
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When the writ of habeas corpus is granted, the court or judge granting the writ may, within its discretion, admit the prisoner to bail, pending further order of the court.
Terms Used In South Dakota Codified Laws 21-27-19
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (1).