If a judgment against the defendant is reversed without ordering a new trial, the appellate court shall:

1. (1) if the defendant is in custody, direct the defendant to be discharged from custody;
2. (2) if the defendant is on bail, direct that the defendant's bail be exonerated; or
3. (3) if money was deposited instead of bail, direct that it be refunded to the defendant.

History: En. 95-2430 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2430; amd. Sec. 1764, Ch. 56, L. 2009.