...a case 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 the defendant is arraigned, and upon his motion, in either of the following cases, but in no FIHST DEPARTMENT, JUNE, 1905. [Vol....

...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,...

...information; causes, motion required: objections waived if no motion made.— The indictment or information must be set aside by the Court in which the defendant is arraigned, and upon his motion, in any of the following cases : (1) when it is not found, Indorsed, and presented...

...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, indorsed, and presented as prescribed in this code." Unless it can be said...

...Code points out how it may be done. It is therein provided, among other things, that an information must be set aside by the court in which the defendant is arraigned, upon his motion, if it appears "that before the filing thereof the defendant had not been legally committed...

...to issue. § 99.7. [When indictment or 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 Penal Code section 995. That Section provides in pertinent part : "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 eases : "If it be an indictment : "(1) Where it is not...

...California Penal Code section 995. That Section provides in pertinent part : "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...

...indictment would have been set aside under the third subdivision of section 995 of the Penal 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 : * * * 3. When a person is permitted to be present...

...990.) And when the defendant has not been " held to answer " before the finding of the indictment, it must be set aside by the Court in which the defendant is arraigned, on any ground which would have been good ground of challenge to the panel or to an individual grand...