19-1707. EFFECT OF JUDGMENT. If the demurrer is allowed, the judgment is final upon the indictment demurred to, and is a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new indictment, directs the case to be resubmitted to the same or another grand jury.
History:
[(19-1707) Cr. Prac. 1864, sec. 289, p. 248; R.S., R.C., & C.L., sec. 7746; C.S., sec. 8874; I.C.A., sec. 19-1607.]