 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 New York Supplement - Página 1911901Vista completa - Acerca de este libro
 | David Belden - 1891 - 488 páginas
...plain and explicit to admit of doubt, or to even call for judicial construction. Says the Code : "The indictment must be set aside by the Court in which the defendant is arraigned, upon his motion, in either of the following cuses : * * * Second, where the names of the witnesses... | |
 | 1893 - 1170 páginas
...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 the defendant is arraigned, and upon his motion, in either of the following cases: 1. "When it is not found, indorsed and presented... | |
 | South Dakota. Supreme Court - 1914 - 748 páginas
...grand jury. Section 263 of the Code of Criminal Procedure provides : "The indictment or information must be set aside by the court in which the defendant is arraigned, and upon his motion, in either of the following cases: * * * (4) When the defendant has not been held... | |
 | New York (State) - 1896 - 1294 páginas
...NY Cr. R. 219; 6 id. 399. Setting Aside the Indictment. 30 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; 1. When it is not found, indorsed and presented,... | |
 | 1896 - 928 páginas
...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 the defendant is arraigned, and upon his motion, in either of the following cases : 1. When it is not found, indorsed and presented,... | |
 | New York (State) - 1897 - 996 páginas
...showing that he is wholly destitute of means. § 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: sections two hundred and sixty-eight... | |
 | New York (State), William Henry Silvernail - 1897 - 1152 páginas
...aside indictment, no bar to another prosecution. §313. *Iiidictment, 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... | |
 | 1898 - 1164 páginas
...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... | |
 | William Henry Silvernail - 1900 - 1204 páginas
...aside indictment, no bar to another prosecution. §313. *Indictment, when set aside on motion. — The and upon his motion, in either of the following cases, but in no other: 1. When it is not found, indorsed... | |
 | 1900 - 862 páginas
...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 which the defendant is arraigned, and upon his motion, in either of the following cases, but in no other: " I. When it is not found,... | |
| |
