Rights of accused person before delivery to agent for extradition--Violation as misdemeanor.

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23-24-11. Rights of accused person before delivery to agent for extradition--Violation as misdemeanor.

No person arrested on a Governor's warrant shall be delivered to the agent appointed to receive him until he has been first taken to a judge of the circuit court in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel. Any officer who delivers to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in intentional disobedience of this section is guilty of a Class 2 misdemeanor.

Source: SDC 1939, §§34.1710, 34.9907; SL 1953, ch 200, §§10, 11; SDC Supp 1960, §34.9908; SL 1979, ch 150, §30.


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