23A-5-5.(Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified.A motion to dismiss an indictment may be based on objections to the array or on the lack of legal qualifications of an individual juror, if not previously determined upon challenge. An indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears from the record kept pursuant to §23A-5-6 that five or more jurors, after deducting from the affirmative votes the number not legally qualified, concurred in finding the indictment. Source: SL 1978, ch 178, §47.
South Dakota Legal Code