Power to reprieve or suspend sentence limited to Governor--Exception.

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23A-27A-21. Power to reprieve or suspend sentence limited to Governor--Exception.

No judge, officer, commission, or board, other than the Governor, may reprieve or suspend the execution of a judgment of death. However, the warden or deputy warden of the penitentiary is authorized so to do in a case and in the manner prescribed in this chapter or as provided in §§23A-27A-24 and 23A-27A-28. This section does not apply to a stay of proceedings upon appeal or to the issuance of a writ of habeas corpus, certiorari, or other original remedial writ of the Supreme Court.

Source: SL 1939, ch 135, §5; SDC Supp 1960, §34.37A05; SDCL §23-49-8; SL 1979, ch 160, §23; SL 2008, ch 117, §8.


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