Section 23A-6-3 - Preliminary hearing not required for fugitive from justice--Hearing required before filing ofother information--Filing of information.
23A-6-3. Preliminary hearing not required for fugitive from justice--Hearing required before filing of other information--Filing of information. An information may be filed without a preliminary hearing against a fugitive from justice. No other information may be filed against any person for any felony or Class 1 misdemeanor until he has had a preliminary hearing, unless he waived his right to a preliminary hearing. All informations shall be filed with the court having jurisdiction of the offense by the prosecuting attorney prior to arraignment.
Source: SDC 1939 & Supp 1960, § 34.1503; SDCL, §§ 23-20-2, 23-20-3; SL 1978, ch 178, § 63.