Pursuant to rules as may be promulgated by the Adjutant General pursuant to chapter 1-26, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.

Terms Used In South Dakota Codified Laws 33-10-222

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Source: SL 2012, ch 175, § 203; SL 2023, ch 109, § 19.