TITLE 19

CRIMINAL PROCEDURE

CHAPTER 34

COMPROMISING OFFENSES

19-3402.  Leave of court and prosecutor required. If the party injured appears before the court to which the depositions are required to be returned, at any time before trial, and acknowledges that he has received satisfaction for the injury, the court and the prosecutor may, in their discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the offense that was originally charged.

History:

[(19-3402) Cr. Prac. 1864, secs. 662, 663, p. 295; R.S., R.C., & C.L., sec. 8206; C.S., sec. 9174; I.C.A., sec. 19-3302; am. 1998, ch. 209, sec. 2, p. 737.]