Constitutional issue first raised on appeal.

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23A-32-13. Constitutional issue first raised on appeal.

The issue of the constitutionality of any statute under which the defendant has been convicted may be raised on appeal regardless of whether it was first raised in any lower court.

Source: SL 1971, ch 160; SDCL Supp, §23-51-7.1; SL 1978, ch 178, §391.


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