Discharge of defendant on reversal of judgment

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46-20-707. Discharge of defendant on reversal of judgment. If a judgment against the defendant is reversed without ordering a new trial, the appellate court shall:

(1) if the defendant is in custody, direct the defendant to be discharged from custody;

(2) if the defendant is on bail, direct that the defendant's bail be exonerated; or

(3) if money was deposited instead of bail, direct that it be refunded to the defendant.

History: En. 95-2430 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2430; amd. Sec. 1764, Ch. 56, L. 2009.


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