 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
 | United States. Congress. Senate. Committee on the Judiciary - Administrative procedure - 1979 - 1960 pages
...995. That Section provides in pertinent part: "The indictment or information must be set aside by (he 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, endorsed, and presented as prescribed in this code ; "(2)... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 842 pages
...990.) And when the defendant has not been " held to answer " before the finding of the indictment, it must be set aside by the Court in which the defendant is arraigned, on any ground which would have been good ground of challenge to the panel or to an individual grand... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 796 pages
...grand jury, nor a witness under examination." Section 995 of the Penal Code provides that an indictment must be set aside by the Court in which the defendant is arraigned in the cases above specified ; and the only inquiry, therefore, is, Were the grounds or specifications,... | |
 | New York (State). Commissioners of the Code, David Dudley Field - Admiralty - 1998 - 3652 pages
...be found. 339. Order to set aside indictment, no bar to another prosecution. ยง 332. 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, endorsed and presented,... | |
 | California - Criminal law - 1925 - 546 pages
...submission. 996. Objections, when waived. 999. No bar another prosecu997. Motion. Proceedings. tion. 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. 2. When it... | |
 | California - Criminal law - 1925 - 540 pages
...submission. 996. Objections, when waived. 999. No bar another prosecu997. Motion. Proceedings. tion. 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. 2. When it... | |
 | United States - 1910 - 622 pages
...subscribed and sworn to by the Prosecuting Attorney, or other officer authorized to file informations, it must be set aside by the court in which the defendant is arraigned, upon his motion. ARTICLE 5. Civil and criminal process issued from any court or tribunal of the Canal Zone may be executed... | |
 | United States - 1910 - 630 pages
...subscribed and sworn to by the Prosecuting Attorney, or other officer authorized to file informations, it must be set aside by the court in which the defendant is arraigned, upon his motion. ARTICLE 5. Civil and criminal process issued from any court or tribunal of the Canal Zone may be executed... | |
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