Statutes > South Dakota Statutes > Title 23A - CRIMINAL PROCEDURE > Chapter 39 - (Rule 43) Presence Of The Defendant > Section 23A-39-2 - (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.

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

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.