77-17-8. Mistake in charging offense -- Procedure -- Witnesses.
If at any time before verdict or judgment a mistake has been made in charging the proper
offense, and it appears that there is probable cause to believe that the defendant is chargeable with
another offense, the court may commit him or require him to give bail under Section 77-20-1 for
his appearance to answer to the proper charge when filed, and may also require witnesses to give
bail for their appearance.
Amended by Chapter 4, 1988 Special Session 2
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Last revised: Thursday, May 28, 2009