(Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere.

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23A-27-11.(Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere.

A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice a court after sentence may set aside a judgment of conviction and permit the defendant to withdraw his plea.

Source: Supreme Court Rule 391, 1939; SDC 1939 & Supp 1960, §34.3522; SDCL, §23-35-22; SL 1978, ch 178, §343.


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