If twelve (12) grand jurors do not concur in finding an indictment against a defendant who has been held to answer, the depositions, if any, transmitted to them must be returned to the court, with an indorsement thereon, signed by the foreman, to the effect that the charge is dismissed.

[(19-1402) Cr. Prac. 1864, sec. 226, p. 241; R.S., R.C., & C.L., sec. 7666; C.S., sec. 8818; I.C.A., sec. 19-1302.]