19-4008. Overruling demurrer — Plea and trial. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must be ordered forthwith to answer the articles of impeachment. If he then pleads guilty, or refuses to plead, the senate must render judgment of conviction against him. If he pleads not guilty, the senate must at such time as it may appoint, proceed to try the impeachment.
[(19-4008) Cr. Prac. 1864, sec. 57, p. 220; R.S., R.C., & C.L., sec. 7432; C.S., sec. 8661; I.C.A., sec. 19-4108.]