Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial.

1. Law
2. South Dakota Codified Laws
3. Crimes
4. Habitual Offenders
5. Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial.

22-7-12. Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial.

The defendant shall be apprised of the contents of the habitual offender information and shall receive a copy of it. The habitual offender information may not be divulged to the jury in any manner unless and until the defendant has been convicted of the principal offense.

The defendant shall also be informed of the right to a trial by jury on the issue of whether the defendant is the same person as alleged in the habitual criminal information.

Source: SL 1959, ch 234; SDC Supp 1960, §34.3009-1; SL 1961, ch 183; SDCL, §23-32-10; SL 1976, ch 158, §7-6; SL 2005, ch 120, §389.

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