(a) If, during the trial, the court shall be of the opinion that the facts proved constitute an offense of a higher nature than that charged in the indictment, it may direct the jury to be discharged and all proceedings to be suspended until the case can be resubmitted to a grand jury and may order the defendant to be committed or admit him or her to bail to answer any new indictment which may be found against him or her for the higher offense.
(b) If an indictment is not found for the higher offense before the next grand jury is discharged, the court must proceed to try the defendant on the original indictment.
Section: Previous 16-89-113 16-89-114 16-89-115 16-89-116 16-89-117 16-89-118 16-89-119 16-89-120 16-89-121 16-89-122 16-89-123 16-89-124 16-89-125 16-89-126 16-89-127 NextLast modified: November 15, 2016