19-2411. DISCHARGE OR DETENTION OF DEFENDANT. If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment can be framed, upon which he may be convicted, the court may order him to be recommitted to the office of the proper county, or admitted to bail anew, to answer the new indictment. If the evidence shows him guilty of another offense, he must be committed or held thereon, and in neither case shall the verdict be a bar to another prosecution or indictment. But if no evidence appears sufficient to charge him with any offense he must, if in custody, be discharged; or if admitted to bail, his bail is exonerated; or if money has been deposited instead of bail, it must be refunded to the defendant; and the arrest of judgment shall operate as an acquittal of the charge upon which the indictment was founded.
History:
[(19-2411) Cr. Prac. 1864, sec. 433, p. 265; R.S., R.C., & C.L., sec. 7963; C.S., sec. 9022; I.C.A., sec. 19-2312.]