South Dakota § 21-27-28 - Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.
Full text of South Dakota South Dakota Codified Laws § 21-27-28 — Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment., with citation guidance and answers to common questions.
§ 21-27-28. Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.
No person who has been discharged by order of a court or judge upon a writ of habeas corpus shall be again imprisoned, restrained, or kept in custody for the same cause, unless he be afterward prosecuted for the same offense; nor unless by the legal order or process of the court wherein he is bound by recognizance to appear. The following shall not be deemed to be the same cause:
(1) If after a discharge for a defect of proof, or on any material defect in the commitment in a criminal case, such person should be again arrested on sufficient proof, and committed by legal process for the same offense;
(2) If in a civil suit such person has been discharged for any illegality in the judgment or process, and is afterward imprisoned by legal process for the same cause of action;
(3) Generally, whenever the discharge has been ordered on account of the nonobservance of any of the forms required by law, such person may be a second time imprisoned, if the cause be legal, and the forms required by law observed.
Source: CCrimP 1877, § 677; CL 1887, § 7845; RCCrimP 1903, § 777; RC 1919, § 4983; SDC 1939 & Supp 1960, § 37.5506.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 21-27-28
What does South Dakota Codified Laws § 21-27-28 cover?
Section 21-27-28 ("Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 21-27-28?
A common citation format is "South Dakota Codified Laws § 21-27-28" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 21-27-28 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.