Sec. 6. If on a new prosecution a defendant is prosecuted for the offense in the court to which the change of venue was taken, a new indictment may be found, or a new information may be filed, and the case may be prosecuted to final execution as if the offense had been committed in the county of that court. However, the indictment or information in such a case must state how the proceeding came into the court where the party elects to be tried, and that he has elected to be tried in that county.
As added by Acts 1981, P.L.298, SEC.5.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 36. Pretrial Notices, Motions, and Procedures
35-36-6-1. Verified Motion by Defendant; Bias or Prejudice; Hearing; Duties of Clerk and Sheriff
35-36-6-2. Trial in Court to Which Venued
35-36-6-3. Transfer of Custody of Defendant
35-36-6-4. New Prosecution; Election of Court by Defendant; Alternative Disposition
35-36-6-5. New Prosecution; Recognizance
35-36-6-6. New Prosecution; New Indictment or Information
35-36-6-7. Failure of Defendant to Elect County of Trial; Remand
35-36-6-8. Costs and Expenses; Liability; Audit, Certification, and Collection
35-36-6-9. Prosecuting Attorney; Pauper Counsel; Appointment; Reimbursement for Fees and Expenses
35-36-6-10. Sheriff; Expenses of Transportation
35-36-6-11. Murder, Level 1, or Level 2 Felony Proceedings; Selection of Jury; Verdict and Judgment