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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, Volumen134

1913
...jury. [1] Our Procedure Criminal provides (section 57SO, Rev. Laws): "The indictment or Information must be set aside by the court in which the defendant is arraigned, and upon bis motion in any of the following cases: , , "First. When it is not found, indorsed, presented or...
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Digest of the Decisions of the Supreme Court of Arizona: Covering Volumes 1 ...

Peter V. Ross - 1915 - 893 páginas
...Irregularities in 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 is arraigned upon his motion in either of the following cases: . . . (4) When the defendant had not been held to...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volumen30

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 - 1915
...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...
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The Penal Code of the State of California: Adopted February 14, 1872. With ...

California - 1915 - 1140 páginas
...prosecution. § 995. When indictment must be set aside. When information. The indictment or information e admitted to bail when he is charged with an offense punishable 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 Law and the Code of Criminal Procedure of the State of New York: With ...

New York (State) - 1916 - 1281 páginas
...set aside indictment, no bar to another prosecution. § 313. Indictment, when set aside on motion. The indictment must be set aside by the court in which...hundred and sixty-eight and two hundred and seventytwo ; i 2. When a person has been permitted to be present during the session of the grand jury, while the...
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Penal Law and the Code of Criminal Procedure of the State of New York

1918 - 741 páginas
...set aside indictment, na bar to another prosecution. § 313. Indictment, when set aside on motion. The indictment must be set aside by the court in which...seventytwo; 2. When a person has been permitted to l>e present during the session of the grand jury, while the charge embraced in the indictment was under...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volumen41

Nevada. Supreme Court - 1918
...the court could 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...
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Minnesota Reports, Volumen144

Minnesota. Supreme Court - 1920
...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...
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Lawyers Statute Penal Code: Penal Code of California ... Compiled from the ...

California - 1923 - 404 páginas
...waived. 999. No bar another prosecution. 997. Motion. Proceedings. 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 (unannotated): With an Appendix of 842 Questions and Answers on ...

California, James Manford Kerr - 1923 - 655 páginas
...prosecution. 8 995. INDICTMENT OR INFORMATION, WHEN SET ASIDE ON MOTION. 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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