(Rule 21(a)) Change of county when fair trial impossible in original county

SDCL § 23A-17-5 — under TRANSFER OF PROCEEDINGS FROM COUNTY.

SDCL § 23A-17-5

A court upon motion of a defendant shall transfer his proceedings to another county if the court is satisfied that there exists, in the county where the prosecution is pending, so great a prejudice against the defendant that he cannot obtain a fair and impartial trial at any place fixed by law for holding court in that county. Source: SDC 1939 & Supp 1960, § 34.0817; SDCL, § 23-28-7 ; SL 1978, ch 178 , § 225.