Service on accused; appearance and plea

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38-342. Service on accused; appearance and plea

A. The accusation shall be delivered by the foreman of the grand jury to the county attorney, who shall cause a copy thereof to be served upon the accused, and require by written notice of not less than ten days that he appear before the superior court in and for the county and answer the accusation. The original accusation shall then be filed with the clerk of the court.

B. The accused shall appear at the time appointed in the notice and answer the accusation, unless the court assigns another day for that purpose. If the accused does not appear, the court may hear and determine the accusation in his absence.

C. The accused may answer the accusation either by objecting in writing to the sufficiency thereof or of any charge therein, and if overruled the accused shall immediately enter a denial which shall be entered upon the minutes of the court.


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