§ 29-21-25 — Court must discharge accused - Exception

If a jury is discharged because the facts as charged do not constitute an offense punishable
by law, the court shall order that the defendant, if in custody, be discharged therefrom, or, if
admitted to bail, that the defendant's bail be exonerated, or if the defendant has deposited

money instead of bail, that the money deposited be refunded to the defendant, unless in its
opinion a new information or indictment can be framed upon which the defendant can be legally
convicted, in which case it may direct the state's attorney to file a new information, or, if an
information cannot be legally filed sooner, it may direct that the case be submitted to the same
or another grand jury, and the provisions of rule 12 of the North Dakota Rules of Criminal
Procedure, so far as applicable, as to the time and manner of the prosecution, govern the
further proceedings under this section.