 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. If it be an indictment: 1. Where it is not found, indorsed, and presented as prescribed in this code.  The Pacific Reporter - Page 1001913Full view - About this book
 | California - California - 1886 - 992 pages
...II. SETTING ASIDE THE INDICTMENT. 995. Indictment or information when set aside on motion. SEC. 995. The indictment or information must be set aside by...motion, in either of the following cases. If it be an indictment: CRIMINAL PROCEDURE. • 2. When the names of the witnesses examined before the grand jury,... | |
 | Montana. Supreme Court, Henry Nichols Blake - Law reports, digests, etc - 1887 - 682 pages
...according to the right of the case. RS § 170, p. 311. The statute also provides that the indictment shall be set aside by the court in which the defendant is...upon his motion, in either of the following cases : When it is not found indorsed or has not been presented as proscribed by this act (Criminal Practice... | |
 | Law reports, digests, etc - 1909 - 1286 pages
...presented on this motion. The Code of Criminal Procedure (section 313) 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: (1) When It is not found, indorsed... | |
 | New York (State) - 1889 - 878 pages
...indictment, no bar to another prosecution. § 313. Indictment, when set aside on motion. — 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 tound, indorsed and presented... | |
 | New York (State) - Criminal law - 1891 - 1108 pages
...indictment, no bar to another prosecution § 313. Indictment, when set aside on motion. — 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... | |
 | David Belden - Law - 1891 - 488 pages
...deliberation of the Grand Jury thereon." The statute further provides, " That the indictment shall be set aside by the Court in which the defendant is arraigned, and upon his motion in either of the following cases." enumerating several, and among others provides,... | |
 | Criminal law - 1893 - 1170 pages
...indictment, no bar to another prosecution § 313. Indictment, when set aside on motion. — 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... | |
 | Criminal law - 1896 - 928 pages
...indictment, no bar to another prosecution. § 313. Indictment, when set aside on motion. — 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,... | |
 | New York (State) - 1896 - 1294 pages
...219; 6 id. 399. Setting Aside the Indictment. 30 Indictment, when set aside on motion. 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,... | |
 | New York (State) - Law - 1897 - 996 pages
...that he is wholly destitute of means. § 313. Indictment, when set aside on motion. — 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: sections two hundred and sixty-eight... | |
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