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16-89-120. Proof of higher offense.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-89-120. Proof of higher offense.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-89-120
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-89-120
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 64630ebcf92b15e8cf5c01400d0f4a7d152ff932085d0871fa82f5f0cddc2edc
Source location: content.xml paragraph 33077
Stored source content
16-89-120. Proof of higher offense.
(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.
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