23A-17-5.(Rule 21(a)) Change of county when fair trial impossible in original county.
A court upon motion of a defendant shall transfer his proceedings to another county if the court is satisfied that there exists, in the county where the prosecution is pending, so great a prejudice against the defendant that he cannot obtain a fair and impartial trial at any place fixed by law for holding court in that county.
Source: SDC 1939 & Supp 1960, §34.0817; SDCL, §23-28-7; SL 1978, ch 178, §225.