S.D. Codified Laws § 23A-32-13 : — CRIMINAL PROCEDUREAPPEALS TO SUPREME COURT —32-13 - Constitutional issue first raised on appeal TEXT PDF The issue of the constitutionality of any statute under which the defendant has been convicted may be raised on appeal regardless of whether it was first raised in any lower court. SDCL 23A-32-13 SL 1971, ch 160; SDCL Supp, § 23-51-7.1; SL 1978, ch 178, § 391.