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§ 13-3984 – Procedure where proof shows higher offense; effect

13-3984. Procedure where proof shows higher offense; effect A. If upon the trial of any action it appears to the court by the testimony that the facts proved constitute an offense of a higher nature than that charged, the court may direct that the jury be discharged and all proceedings on the indictment or information […]

§ 13-3985 – Effect of acquittal on merits

113-3985. Effect of acquittal on merits If a defendant in a criminal action is acquitted on the merits, he is acquitted of the same offense notwithstanding any defect in form or substance in the indictment or information on which the trial was had.

§ 13-3986 – Title of affidavits or depositions

13-3986. Title of affidavits or depositions It is not necessary to give a title to an affidavit or deposition in a criminal action, whether taken before or after indictment or information, or upon appeal. If the affidavit or deposition is made without a title, or with an erroneous title, it shall be as valid and […]

§ 13-3987 – Harmless error

13-3987. Harmless error Neither a departure from the form or mode prescribed in respect to any pleadings or proceedings, nor an error or mistake therein, shall render the pleading or proceeding invalid, unless it actually has prejudiced, or tended to prejudice, the defendant in respect to a substantial right.

§ 13-3988 – Admissibility of confessions

13-3988. Admissibility of confessions A. In any criminal prosecution brought by the state, a confession shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the trial judge determines that […]

§ 13-3989 – Admissibility in evidence of eye witness testimony

13-3989. Admissibility in evidence of eye witness testimony The testimony of a witness that he saw the accused commit or participate in the commission of the crime for which the accused is being tried shall be admissible in evidence in a criminal prosecution in any trial court of this state.

§ 13-3989.01 – Admissibility; 911 emergency service records and recordings; definition

13-3989.01. Admissibility; 911 emergency service records and recordings; definition A. The records and recordings of 911 emergency service telephone calls are admissible in evidence in any action without testimony from a custodian of records if the records and recordings are accompanied by the following signed form: The accompanying records and recordings and explanatory material are […]

§ 13-3989.02 – Admissibility; radio traffic records and recordings; definition

13-3989.02. Admissibility; radio traffic records and recordings; definition A. The records and recordings of public safety radio traffic calls are admissible in evidence in any action without testimony from a custodian of records if the records and recordings are accompanied by the following signed form: The accompanying records and recordings and explanatory material are from […]

§ 13-3990 – Notice of conviction of teachers

13-3990. Notice of conviction of teachers A. On the conviction of a person of an offense in this title or of any felony, if the person is certified to teach by the state board of education or is teaching in a community college district or charter school, the court or, if directed by the court, […]