77-17-8 - Mistake in charging offense -- Procedure -- Witnesses.
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 properoffense, and it appears that there is probable cause to believe that the defendant is chargeable withanother offense, the court may commit him or require him to give bail under Section 77-20-1 forhis appearance to answer to the proper charge when filed, and may also require witnesses to givebail for their appearance.
Amended by Chapter 4, 1988 Special Session 2