Directions following review brought by defendant

In any criminal case, if the supreme court or court of appeals affirms the judgment of the district court upon review brought by the defendant, it shall direct that the sentence pronounced be executed; and if the judgment is reversed, it shall direct a new trial or that the defendant be absolutely discharged according to the circumstances of the case. History: Laws 1917, ch. 43, § 55; 1927, ch. 93, § 8; C.S. 1929, § 105-2529; 1941 Comp., § 42-1505; 1953 Comp., § 41-15-5; Laws 1966, ch. 28, § 60.