 | California, Theodore Henry Hittell - 1876 - 986 páginas
...BETTING ASIDE THE INDICTMENT. 13,995. Indictment, when set aside on motion. SEC. 995. The indictment must be set aside by the court in which the defendant...arraigned, upon his motion, in either of the following cases: 1. Where it is not found, indorsed, and presented as prescribed in this code; 2. "When the names... | |
 | Utah - 1878 - 238 páginas
...found, indorsed, and pre- aside on motion sented as prescribed in this Act; SEC. 185.—The indictment must be set aside by the Court in which the defendant...arraigned, upon his motion in either of the following cases: when c to"be let 2—When the names of the witnesses examined before the Grand Jury, or whose... | |
 | California - 1881 - 820 páginas
...are to be had. 998. Effect of order for submission. 999. Order no bar to another prosecution. 995. The indictment or information must be set aside by...arraigned, upon his motion, in either of the following cases. If it be an indictment: 1. Where it is not found, indorsed, and presented as prescribed in this... | |
 | California - 1881 - 940 páginas
...to be had. § 993. Effect of order for subm Isslon. S 999. Order no bar to another prosecution. 995. The indictment or information must be set aside by...arraigned, upon his motion, in either of the following cases : If it be an indictment — 1. "Where it is not found, indorsed, and presented as prescribed... | |
 | California - 1881 - 946 páginas
...to be had. £ 998. Effect of order for submission. § 999. Order no bar to another prosecution. 995. The indictment or information must be set aside by...the court in which the defendant is arraigned, upon liis motion, in either of the following cases: If it be an indictment — 1. "Where it is not found,... | |
 | Oliver Lorenzo Barbour - 1883 - 840 páginas
...SKTTIKO ASIDK INDICTMENT. On motion.] — The Code of Criminal Procedure directs that — The indictment must be set aside, by the court in which the defendant is arraigned, and upon his motion, in either of the following cases : 1. When it is not found, indorsed and presented,... | |
 | 1913 - 1236 páginas
...Paragraph 802, Pen. Code 1901, as amended by section 33, c. 35, Laws 1912, 1st Sess., is as follows: "The indictment or information must be set aside by...arraigned, upon his motion, in either of the following cases. * • • If it be an information: 1. That before the filing thereof the defendant has not been... | |
 | 1900 - 632 páginas
...move the court to set the same aside, or may demur or plead thereto." Section 313. " The indictment must be set aside by the court in which the defendant...arraigned upon his motion, in either of the following cases, but in no other : " 1. When it is not found, indorsed and presented as prescribed in sections... | |
 | 1913 - 1372 páginas
...during the sessions of the grand jury. [1] Our Procedure Criminal provides (section 5780, Rev. Laws): "The Indictment or Information must be set aside by the court In which the defendant is arraigned, and upon his motion In any of the following cases: "First. When It Is not found, indorsed, presented... | |
 | 1902 - 644 páginas
...order refusing to do so. Section 313 of the Code of Criminal Procedure provides that " The indictment must be set aside by the court in which the defendant is arraigned, and upon his motion, in either of the following cases, but in no other." The two cases specified relate,... | |
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The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases. 
