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Section/Rule:
23.10
Subject:
Rule 23 - Rules of Criminal Procedure - Misdemeanors or Felonies - Indictment or Information
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Indictment or Information - Two or More For Same Offense
Revised / Effective Date:
January 1, 2003
23.10. Misdemeanors or Felonies - Indictment or Information - Two or More For Same Offense
(
a
)
Offense that can be Commenced in More than one County.
If a criminal proceeding is commenced in a court having jurisdiction thereof, no other action for the same offense shall be commenced in a court in a different county so long as the criminal proceeding first commenced is pending.
(
b
)
Multiple Indictments or Informations for the Same Offense in the Same County
.
If there are two or more indictments or informations pending against the defendant for the same offense in the same county, the indictment or information last filed shall supersede all indictments or informations previously filed.
(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Jan. 28, 2002, eff. Jan. 1, 2003.)
Committee Note - 1979
The first sentence is substantially the same as the second sentence of prior Rule
21.01.
The second sentence is substantially the same as prior Rule 24.14.