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§ 23A-39-2 (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.

SD Codified L § 23A-39-2 (2019) (N/A)
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23A-39-2. (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion. The further progress of a trial to and including the return of a verdict shall not be prevented whenever a defendant who was initially present:

(1) In noncapital cases, voluntarily absents himself after the trial has commenced; or

(2) Engages in conduct which justifies his being excluded from the courtroom.Source: SL 1978, ch 178, § 486.

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§ 23A-39-1 (Rule 43 (a)) Presence required at all times except as provided.
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§ 23A-39-3 (Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.