13-3984. Procedure where proof shows higher
offense; effect
A. If upon the trial of any action it appears to the court by the testimony that
the facts proved constitute an offense of a higher nature than that charged, the court
may direct that the jury be discharged and all proceedings on the indictment or
information suspended, and may order the commitment of the defendant, and if the offense
is bailable, direct in the order that the defendant may be admitted to bail in the amount
fixed, which shall be specified in the order, to answer any indictment which may be
returned, or any information which may be filed against him following a preliminary
hearing, within thirty days after such suspension of proceedings by the court.
B. If the defendant is committed or admitted to bail in order to hold him for a
higher offense, as provided in subsection A, it is not an acquittal of the offense in
which proceedings were suspended, and no plea of former jeopardy or former acquittal
shall be sustained by reason thereof.
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