Defendant; When to be Held or Discharged

If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment, information or complaint can be framed upon which he may be convicted, the court may order him to be held in custody or that prior conditions for his release be continued for a specified time pending the filing of a new indictment, information or complaint. If the evidence shows him guilty of another offense, he shall be committed or held thereon, and in neither case shall the findings be a bar to another prosecution. If no evidence appears sufficient to charge him with COL120106 CH. 115 ARREST OF JUDGMENT any offense, the defendant shall be discharged and released from any conditions for his appearance and the arrest of judgment shall operate as an acquittal of the charge upon which the indictment, information or complaint was founded.