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" 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. "
The New York Supplement - Página 193
1901
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The Pacific Reporter, Volumen52

1898
...Introduce testimony to substantiate the allegations In said motion contained. Paragraph 1513, Pen. Code: "The indictment must be set aside by the court in which the defendant Is arraigned upon his motion in either of the following cases: * * * (4) When the defendant had not been held to...
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The Penal Code and Code of Criminal Procedure of the State of New York: With ...

William Henry Silvernail - 1900
...aside indictment, no bar to another prosecution. §313. *Indictment, when set aside on motion. — prescribe. 1 in sections 268 and 272; 2. When a person has been permitted to be present during the...
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volúmenes61-62

1900
...far as it relates to this question, is obiter. The language of section 313 is as follows: " Section 313. The indictment must be set aside by the court...in either of the following cases, but in no other: " I. When it is not found, indorsed and presented as prescribed in sections 268 and 272: " 2. When...
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The Miscellaneous Reports: Cases Decided in the Inferior Courts ..., Volumen31

1900
...Prior to the amendment the section read as follows: " § 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 cither of the following cases: " 1. When it is not found, indorsed and presented as prescribed in sections...
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The Miscellaneous Reports: Cases Decided in the Inferior Courts ..., Volumen32

1900
...opinion, so far as it relates to this question, is obiter. The language of section 313 is as follows: " § 313. The indictment must be set aside by the court in which the defendant ia arraigned, and upon his motion, in either of the following cases, but in no other: " 1. When it...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volumen64

New York (State). Supreme Court. Appellate Division - 1901
...npon appeal a:i 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...in either of the following cases, but in no other." The two cases specified relate, ^8^, to the form of the indictment, and second, where a person has...
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The Penal Code and Code of Criminal Procedure of the State of New York: With ...

New York (State), William Henry Silvernail - 1901 - 1160 páginas
...prosecution. § 313. 'Indictment, when set aside on motion. — The in- . ( , dicttnent must be set aside bv the court in which the defendant is arraigned, and...upon his motion, in either of the following cases, /tut in no other:/^? 1. When it is not found, indorsed and presented, as prescribed^ in set-tions 268...
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New York Annotated Cases: Selected from the Current Decisions of ..., Volumen8

Wayland Everett Benjamin - 1901
...dismissal before trial — poirer of court. — Code Cr. Pro. § 313, as amended in 1897, declares that an indictment must be set aside by the court in which the defendant is arraigned in certain cases, but in no other than the cases enumerated, not including the event of the grand jury...
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The Codes and Statutes of California: As Amended and in Force at the Close ...

California, Carter Pitkin Pomeroy - 1901 - 622 páginas
...another prosecution. 995. Indictment, when set aside on motion. Sec. 995. 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,...
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Penal Code of State of Idaho, 1901

Idaho - 1901 - 597 páginas
...the defendant is arraigned upon his motion, in either of the following cases: If it be an indictment: 1. When it is not found, indorsed and presented as prescribed in this Code; 2. When the names of the witnesses examined before the grand jury, or whose depositions...
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