 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 - Criminal law - 1924 - 1206 pages
...Prac. Act, Stats. 18ol, p. 242, § 27S. 2. Amended by Code Amdts. 1880, p. 43, to read: "§ 995. Tbo indictment or information must be set aside by the...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 the... | |
 | Charles Williams Fricke - Criminal procedure - 1926 - 296 pages
...645.) MOTION TO SET ASIDE Penal Code, Sec. 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 it... | |
 | California, James Henry Deering - California - 1927 - 2496 pages
...added May 19, 1927; Stats. 1927, p. 1064.] § 995. When indictment and information must be set aside. 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. If it be... | |
 | California - Criminal law - 1927 - 570 pages
...it be an indictment: 1. Where it is not found, indorsed, and presented as prescribed in this code. If it be an information: 1. That before the filing thereof the defendant had not been legally committed by a magistrate. 1927. 995a. If the names of the witnesses examined... | |
 | New York (State), James Christopher Cahill - Criminal law - 1928 - 444 pages
...30 NY Cr. R. 128, 142 NYS 10S1 (1913). § 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: 1. When it is not found, indorsed... | |
 | United States - 1932 - 1224 pages
...counsel to defend him. SEC. 138. When the information is not subscribed by the district attorney, it must be set aside by the court in which the defendant is arraigned, upon his motion, [in any of the following cases: [1. That, if the offense charged be a misdemeanor, before the filing thereof... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1909 - 908 pages
...Not present. "Mr. Cnrtln : That is all. "Mr. Holland: That is all." Section 995, Penal Code, reads : "The indictment or information must be set aside by...defendant is arraigned, upon his motion, In either of the foltywing cases : . . . "4. When the defendant had not been held to answer nefore the fiuding of the... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1908 - 766 pages
...of the Penal Code points out how it may be done. It is theiein provided, among other things, that an information must be set aside by the court in which the defendant is arraigned, upon his motion, if it appears "that l>efore the filing thereof the defendant had not been legally committed by a magistrate."... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1917 - 1108 pages
...set aside the indictment, and by section 995 of the Penal Code, it is provided that the indictment must be set aside by the court in which the defendant is arraigned: "(1) where it is not found, endorsed and presented as prescribed in this Code". Unless it can be said... | |
 | 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 - 1921 - 758 pages
...information aside upon this ground, before demurring or pleading to the information. Under our statute, "the information . . . must be set aside by the court in...the defendant is arraigned, upon his motion . . . in all cases when the defendant is entitled to a preliminary examination before a magistrate, before the... | |
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