If the demurrer is overruled the defendant has a right to put in a plea. If he or she fails to do so, judgment may be rendered against him or her on the demurrer, and, if necessary, a jury may be impaneled to inquire and ascertain the degree of the offense.
[ 2010 c 8 s 1040; Code 1881 s 1053; RRS s 2107.]