23A-6-3. Preliminary hearing required for filing felony information--Exceptions.An information may be filed without a preliminary hearing against a fugitive from justice. No other information may be filed against any person for any felony until that person has had a preliminary hearing, unless that person waived his or her right to a preliminary hearing. All informations shall be filed with the court having jurisdiction of the offense by the prosecuting attorney prior to arraignment. Source: SDC 1939 & Supp 1960, §34.1503; SDCL §§23-20-2, 23-20-3; SL 1978, ch 178, §63; SL 2014, ch 114, §1.
South Dakota Legal Code