23A-6-16. Unavailability of instrument on indictment or information for forgery.When an instrument, which is the subject of an indictment or information for forgery, has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information and established during the trial, any misdescription of the instrument is immaterial. Source: Supreme Court Rule 375, 1939; SDC 1939 & Supp 1960, §34.3018; SDCL, §23-32-24; SL 1978, ch 178, §75.
South Dakota Legal Code