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" 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. "
United States Congressional Serial Set - Page 12
1932
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 558 pages
...be found. 339. Order to set aside indictment, no bar to another prosecution. $ 332. 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, endorsed and presented,...
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

Colorado, Jefferson Territory - 1860 - 312 pages
...CHAPTER XXV. SETTING ASIDE THE INDICTMENT. When the indictment to be set aside. SEC. 244. 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: First: When it is not indorsed by the foreman...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1872 - 798 pages
...he may move to set the same aside, or he may demur or plead thereto. Sec. 205. The indictment shall be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases:—First. When it is not found endoised, or has not been presented as...
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The Penal Code of California, Volume 4

California - 1872 - 698 pages
...bar to another prosecution. indict- 995. (§§ 278, 279.) The indictment must be set mem, when il^Q by 'the Court in which the defendant is arraigned, upon his motion, in either of the following cases: 1. Where it is not found, indorsed, and presented as prescribed in this...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - 1876 - 986 pages
...BETTING ASIDE THE INDICTMENT. 13,995. Indictment, when set aside on motion. SEC. 995. The indictment ice, and is forever disqualified from holding any office in this state. 13.069. Resisti either of the following cases: 1. Where it is not found, indorsed, and presented as prescribed in this...
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Acts, Resolutions, and Memorials Passed at the ... Annual, and Special ...

Utah - 1878 - 238 pages
...found, indorsed, and pre- aside on motion sented as prescribed in this Act; SEC. 185.—The indictment must be set aside by the Court in which the defendant is arraigned, upon his motion in either of the following cases: when c to"be let 2—When the names of the witnesses examined before...
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Criminal Law, Pleading and Practice in the Courts of the State of California ...

California - 1881 - 820 pages
...order for submission. 999. Order no bar to another prosecution. 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, indorsed, and presented...
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A Treatise on the Criminal Law and Criminal Courts of the State of ..., Volume 2

Oliver Lorenzo Barbour - 1883 - 840 pages
...SKTTIKO ASIDK INDICTMENT. On motion.] — The Code of Criminal Procedure directs that — 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,...
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New York Criminal Reports: Reports of Cases Decided in All Courts ..., Volume 14

1900 - 632 pages
...move the court to set the same aside, or may demur or plead thereto." Section 313. " The indictment must be set aside by the court in which the defendant is arraigned upon his motion, in either of the following cases, but in no other : " 1. When it is not found, indorsed and presented...
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Annotated Code of Criminal Procedure and Penal Code of the State of New York ...

New York (State) - 1884 - 1000 pages
...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...
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