North Dakota § 29-21-15 Mistake in offense charged - Other proceedings

North Dakota Statutes

§ 29-21-15 — Mistake in offense charged - Other proceedings

North Dakota § 29-21-15

Title 29Judicial Procedure, Criminal

Ch. 29-21Trial

This text of North Dakota § 29-21-15 (Mistake in offense charged - Other proceedings) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 29-21-15 (2026).

Text

When it appears, at any time before verdict or judgment, that a mistake has been made in
charging the proper offense, the defendant must not be discharged, if there appears good cause
to detain the defendant in custody, but the court shall commit the defendant, or require the
defendant to give bail for the defendant's appearance to answer to the offense, and also may
require the witnesses to give bail for their appearance. The provisions of rule 12 of the North
Dakota Rules of Criminal Procedure as to the manner and time of prosecution, so far as
applicable, govern the further proceedings under this section.

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When it appears, at any time before verdict or judgment, that a mistake has been made in
charging the proper offense, the defendant must not be discharged, if there appears good cause
to detain the defendant in custody, but the court shall commit the defendant, or require the
defendant to give bail for the defendant's appearance to answer to the offense, and also may
require the witnesses to give bail for their appearance. The provisions of rule 12 of the North
Dakota Rules of Criminal Procedure as to the manner and time of prosecution, so far as
applicable, govern the further proceedings under this section.