46-20-707. Discharge of defendant on reversal of judgment. If a judgment against the defendant is reversed without ordering a new trial, the appellate court shall:
(1) if the defendant is in custody, direct the defendant to be discharged from custody;
(2) if the defendant is on bail, direct that the defendant's bail be exonerated; or
(3) if money was deposited instead of bail, direct that it be refunded to the defendant.
History: En. 95-2430 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2430; amd. Sec. 1764, Ch. 56, L. 2009.
Structure Montana Code Annotated
46-20-701. Elements of record court considers on review -- errors noticed
46-20-702. Renumbered 46-20-701 (2)
46-20-703. Action reviewing court may take
46-20-706. Termination of appeal -- remand
46-20-707. Discharge of defendant on reversal of judgment