Sec. 19. When mistake has been made in charging the proper offense. – When it becomes manifest at any time before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein, the accused shall not be discharged if there appears good cause to detain him. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information.
WHAT IF THERE WAS A MISTAKE MADE IN CHARGING THE PROPER OFFENSE?
When it becomes manifest at any time before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other
offense necessarily included therein, the accused shall not be discharged if there appears good cause to detain him
The accused shall not be discharged if there appears good cause to detain him
In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information.
