Preferring of new indictment; form of entry of record.

When an indictment is lost, mislaid or destroyed, the court may, on satisfactory proof thereof, order another indictment to be preferred at the session at which such proof is made or at a subsequent session, in which case an entry of record must be made to the effect following:

"The State ) In this case, it appearing to the court that an indictment was preferred against the defendant at the _____ session, 20__, (stating the time) and that said indictment is lost, v.) A. B.)

mislaid or destroyed; it is, therefore, ordered that a new indictment be preferred against the defendant for the same offense."

(Code 1852, §595; Code 1867, §4145; Code 1876, §4818; Code 1886, §4391; Code 1896, §4919; Code 1907, §7157; Code 1923, §4552; Code 1940, T. 15, §255.)