If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of the plea’s meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.

Terms Used In South Dakota Codified Laws 33-10-135

  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Record: when used in connection with the proceedings of a court-martial:

    (a) An official written transcript, written summary, or other writing relating to the proceedings. See South Dakota Codified Laws 33-10-20

Source: SL 2012, ch 175, § 116.

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