23A-44-4. Discharge of defendant and release of bail on dismissal of charges.
If a court directs an action to be dismissed, the defendant must, if in custody, be discharged, or if admitted to bail, his bail must be exonerated or money deposited instead of bail must be refunded to him.
Source: SDC 1939 & Supp 1960, §34.2203; SDCL, §23-34-5; SL 1978, ch 178, §537.