Section 33-9-6 - Excuses for failure to obey.
33-9-6. Excuses for failure to obey. Physical incapacity to perform military service, dangerous sickness in the family of any officer or enlisted member referred to in §§ 33-9-4 and 33-9-5, or absence at the time the notice was served excuses the member from fault under §§ 33-9-4 and 33-9-5, if the absence was not intended to avoid such notice or service, and if the officer or member joins the unit for duty on the officer's or member's return, if the unit is still in service.
Source: SL 1903, ch 185, § 28; SL 1917, ch 297, § 38; RC 1919, § 10598; SDC 1939, § 41.9904; SL 2007, ch 187, § 82.