TITLE 19

CRIMINAL PROCEDURE

CHAPTER 39

PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT

19-3902.  Correction of defective complaint. Whenever it shall appear to the prosecuting attorney of any county of this state that any criminal complaint filed in any justice or probate court is defective or void, the said prosecuting attorney shall have the right to substitute a new complaint, and the defendant or defendants shall not be considered to have been placed in jeopardy by any proceedings previous to the filing of the said new complaint: provided, that said prosecuting attorney shall file said complaint before the case for the prosecution has been closed.

History:

[(19-3902) 1907, p. 110, sec. 1; reen. R.C. & C.L., sec. 8280a; C.S., sec. 9228; I.C.A., sec. 19-4002.]