 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
 | Arizona - Session laws - 1912 - 1138 pages
...Code, Revised Statutes of Arizona, 1901, be and the same is hereby amended to read as follows : 862. The indictment or information must be set aside by...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 ; 2. When... | |
 | California - Criminal law - 1915 - 1172 pages
...999. Order no bar to another prosecution. § 995. When indictment must be set aside. When information. The indictment or information must be set aside by...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. 2. "When... | |
 | Peter V. Ross - Law reports, digests, etc - 1915 - 1332 pages
...Matter of Grand Jury. Section 1513 of the Penal Code (Rev. Stats. Ariz. 1887) provides: "The indictment must be set aside by the court in which the defendant...upon his motion in either of the following cases: . . . (4) When the defendant had not been held to answer before the finding of the indictment on any... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1915 - 754 pages
...the statutory provisions relative thereto. Under the provisions of § 10728, Compiled Laws 1913, an information must be set aside by the court in which the defendant is arraigned for the following reasons: "(1) In all cases when the defendant is entitled to a preliminary examination... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1918 - 620 pages
...have had in mind only subdivision 4 of section 7090, Revised Laws, which provides : "The indictment must be set aside by the court in which the defendant is arraigned, upon his motion, in any of the following cases. * * * 4. When the defendant had not been held to answer before the finding... | |
 | Minnesota. Supreme Court - Law reports, digests, etc - 1920 - 656 pages
...indictment, or indorsed thereon, before it shall be presented to the court." "9180. The indictment shall be set aside by the court in which the defendant is arraigned, upon his motion, in any of the following cases: "1. When it shall not be found, indorsed, and presented as prescribed in... | |
 | Oklahoma - Criminal law - 1921 - 672 pages
...not plead, judgment may be pronounced against him. (5798 RL 1910.) 637. Indictment Set Aside, When— The indictment or information must be set aside by the court, in which the delendant is arraigned, and upon his motion in any of the following cases: First. When it is not found,... | |
 | Panama Canal (Panama) - Law - 1922 - 336 pages
...subscribed and sworn to by the prosecuting attorney or other officer authprizd to file informations, it must be set aside by the court in which the defendant is arraigned, upon his motion." It will be noted that old provision as to commitment by a municipal judge was omitted from the amended... | |
 | California, James Manford Kerr - Criminal law - 1923 - 680 pages
...999. Order no bar to another prosecution. 8 995. INDICTMENT OR INFORMATION, WHEN SET ASIDE ON MOTION. The indictment or information must be set aside by...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. 2. When it... | |
 | California - Criminal law - 1923 - 424 pages
...submission. 996. Objections, when waived. 999. No bar another prosecution. 997. Motion. Proceedings. 995. The indictment or information must be set aside by...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. 3. When... | |
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