 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
 | Nevada. Supreme Court - 1918 - 620 páginas
...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... | |
 | Minnesota. Supreme Court - 1920 - 656 páginas
...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... | |
 | Panama Canal (Panama) - 1922 - 336 páginas
...subscribed and sworn to by the prosecuting attorney or other officer authprizd to file informations, it must be set aside by the court in which the defendant is arraigned, upon his motion." It will be noted that old provision as to commitment by a municipal judge was omitted... | |
 | 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,... | |
 | 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,... | |
 | 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,... | |
 | 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,... | |
 | New York (State), James Christopher Cahill - 1928 - 444 páginas
...Rep. 1081, 30 NY Cr. R. 128, 142 NYS 10S1 (1913). § 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: 1. When it is not found, indorsed... | |
 | 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... | |
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