If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in § 33-10-101, no further investigation of that charge is necessary unless it is demanded by the accused after the accused is informed of the charge. A demand for further investigation entitles the accused to recall any witness for further cross-examination and to offer any new evidence in the accused’s own behalf.

Terms Used In South Dakota Codified Laws 33-10-102

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Source: SL 2012, ch 175, § 83.