The accusation must be delivered by the foreman of the grand jury to the prosecuting attorney of the county, except when the prosecuting attorney of the county is the officer accused, who must cause a copy thereof to be served upon the defendant, and require, by notice in writing of not less than ten (10) days, that the defendant appear before the circuit court or superior court of the county at the time mentioned in the notice, and answer the accusation. The original accusation must then be filed with the clerk of the court, or if the clerk of the court is the party accused, with the judge of the court.
IC 5-8-1-23