TITLE 19

CRIMINAL PROCEDURE

CHAPTER 16

SETTING ASIDE INDICTMENT

19-1603.  Hearing and disposition of motion. The motion must be heard at the time it is made, unless for cause the court postpones the hearing to another time. If the motion is denied, the defendant must immediately answer the indictment, either by demurring or pleading thereto. If the motion is granted, the court must order that the defendant, if in custody, be discharged therefrom; or, if admitted to bail, that his bail be exonerated; or, if he has deposited money instead of bail, that the same be refunded to him, unless it directs that the case be resubmitted to the same or another grand jury.

History:

[(19-1603) Cr. Prac. 1864, secs. 277-279, p. 247; R.S., R.C., & C.L., sec. 7732; C.S., sec. 8865; I.C.A., sec. 19-1503.]