Overruling demurrer — Pleading over.

If the demurrer is overruled the defendant has a right to put in a plea. If he or she fails to do so, judgment may be rendered against him or her on the demurrer, and, if necessary, a jury may be impaneled to inquire and ascertain the degree of the offense.

[2010 c 8 § 1040; Code 1881 § 1053; RRS § 2107.]