 | California - 1923 - 424 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,... | |
 | California, James Manford Kerr - 1923 - 680 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,... | |
 | Charles Williams Fricke - 1926 - 296 páginas
...Code, Sec. 995. "WHEN INDICTMENT MUST BE SET ASIDE. WHEN INFORMATION. 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,... | |
 | New York (State) - 1927 - 1276 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...his motion, in either of the following cases, but in ne other : 1. When it is not found, indorsed and presented as prescribed in sections two hundred and... | |
 | California, James Henry Deering - 1927 - 2496 páginas
...p. 1064.] § 995. When indictment and information must be set aside. 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,... | |
 | California. District Courts of Appeal - 1917 - 1108 páginas
...arraignment, move to 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... | |
 | California. District Courts of Appeal - 1909 - 908 páginas
...is all. "Mr. Holland: That is all." Section 995, Penal Code, reads : "The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion, In either of the foltywing cases : . . . "4. When the defendant had not been held... | |
 | New York (State). Supreme Court. Appellate Division - 1905 - 794 páginas
...as this. It must be conceded that the section does not so provide. It says in express words that an indictment must be set aside by the court in which...motion, in either of the following cases, but in no FIHST DEPARTMENT, JUNE, 1905. [Vol. 103. Other: First. When it is not found, indorsed and presented... | |
 | 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 - 1912 - 812 páginas
...quashing the information. Sec. 9891, Rev. Codes 1905, prescribes the cases in which an information may be set aside by the court in which the defendant is arraigned as follows: 1. In all cases when the defendant is entitled to a preliminary examination before a magistrate,... | |
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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. 
