Mental incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court.

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  5. Mental incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court.

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23A-27A-22. Mental incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court.

If a defendant confined under sentence of death does not appear to be mentally competent to be executed, the warden having custody of the defendant shall notify the Governor, the secretary of corrections, and the sentencing court.

Source: SL 1939, ch 135, §6; SDC Supp 1960, §34.37A06; SDCL §23-49-9; SL 1979, ch 160, §24; SL 2002, ch 135, §2; SL 2008, ch 117, §9.


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