38-342. Service on accused; appearance and
plea


A. The accusation shall be delivered by the foreman of the grand jury to the county
attorney, who shall cause a copy thereof to be served upon the accused, and require by
written notice of not less than ten days that he appear before the superior court in and
for the county and answer the accusation. The original accusation shall then be filed
with the clerk of the court.


B. The accused shall appear at the time appointed in the notice and answer the
accusation, unless the court assigns another day for that purpose. If the accused does
not appear, the court may hear and determine the accusation in his absence.


C. The accused may answer the accusation either by objecting in writing to the
sufficiency thereof or of any charge therein, and if overruled the accused shall
immediately enter a denial which shall be entered upon the minutes of the court.