SETTING ASIDE INDICTMENT
19-1604. Order for resubmission. If the court directs the case to be resubmitted, the defendant, if already in custody, must so remain, unless he is admitted to bail; or, if already admitted to bail, or money has been deposited instead thereof, the bail or money is answerable for the appearance of the defendant to answer a new indictment; and, unless a new indictment is found before the next grand jury of the county is discharged, the court must, on the discharge of such grand jury, make the order prescribed by the preceding section.
[(19-1604) Cr. Prac. 1864, secs. 280, p. 247, 281; R.S., R.C., & C.L., sec. 7733; C.S., sec. 8866; I.C.A., sec. 19-1504.]