State v. Bale

The grounds for dismissal of an indictment or information on motion are contained in SDCL 28A-8-2.* These are the exclusive grounds for dismissal. State v. Hoekstra, 286 N.W.2d 127, 128 (S.D.1979). The trial court, in its order of dismissal, did not cite the statute or state the specific ground for dismissal. It appears, however, that the court agreed with Bale’s argument “that the statutory authority and factual background do not constitute a crime” as was alleged in the information charging Bale with third-degree rape (incest). Thus, the court apparently considered the facts of the case in…