TITLE 19

CRIMINAL PROCEDURE

CHAPTER 19

MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL

19-1907.  Order of trying cases. The issues on the calendar must be disposed of in the following order, unless upon application of either party, for good causes shown by affidavit, and upon two (2) days’ notice to the opposite party, with service of a copy of the affidavit in support of the application, the court shall direct an indictment to be tried out of its order:

1.  Indictments for felony, when the defendant is in custody.

2.  Indictments for misdemeanor, when the defendant is in custody.

3.  Indictments for felony, when the defendant is on bail.

4.  Indictments for misdemeanor, when the defendant is on bail.

History:

[(19-1907) Cr. Prac. 1864, sec. 315, p. 250; R.S., R.C., & C.L., sec. 7789; C.S., sec. 8908; I.C.A., sec. 19-1807.]