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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. "
The New York Supplement - Page 321
1909
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...may demur or ] lead thereto. CHAPTER IV. Setting aside the indictment. § 345. The indictment shall be set aside by the court in which the defendant is...upon his motion, in either of the following cases : !. Where it is not found, endorsed and presented, as prescribed in sections 297 and 301. 2. Where...
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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 - Criminal procedure - 1850 - 558 pages
...fuch case, when to be found. 339. Order to set aside indictment, no bar to another prosecution. $ 332. The indictment must be set aside, by the court in...upon his motion, in either of the following cases : 1. When it is not found, endorsed and presented, as prescribed in sections 284 and 288. 2. When the...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...be set aside. The like. When waited. SETTING ASIDE THE INDICTMENT. SECTION 278. The indictment shall be set aside by the court in which the defendant is...and upon his motion in either of the following cases : 1st. Where it is not found, endorsed, and presented as prescribed in this act. 2d. Where the names...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - Law - 1855 - 670 pages
...future action. indictment, SECTION 1. The indictment shall ho set aside by the conrtin Mid°"on moSvhich the defendant is arraigned, and upon his motion, in either of «<">• the following cases : 1. When it is not found indorsed and presented according to statute ; 2. When the names of the witnesses...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...set aside the indictment, or may demur or plead thereto. ART. 1566, Sec. 278. The indictment shall be set aside by the court in which the defendant is...and upon his motion in either of the following cases : 1. Where it is not found, indorsed and presented as prescribed in this act. 2. Where the names of...
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

Colorado, Jefferson Territory - Civil law - 1860 - 312 pages
...thereto. 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...upon his motion in either of the following cases: First: When it is not indorsed by the foreman of the grand jury as a true bill. Second: When it has...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864 - 762 pages
...the court to set aside the indictment or may demur or plead thereto. SEO. 274. The indictment shall be set aside by the court in which the defendant is...upon his motion, in either of the following cases : First. When it is not found, endorsed, and presented as prescribed in this act. Second. When the...
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Laws of the Territory of Idaho

Idaho - Law - 1864 - 734 pages
...court to set aside the indictment or may demur or plead thereto. SEC. 274. The indictment shall he 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, endorsed, and presented as prescribed in this act. Second. When the...
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The General Laws of the State of California, from 1850 to 1864, Inclusive ...

California, Theodore Henry Hittell - Law - 1865 - 662 pages
...1865. SEC. 278. The indictment shall be set aside by the court in which the defend- Grounds of ant is arraigned, and upon his motion in either of the following cases : índi'ótuién't!0 First. Where it is not found, indorsed, and presented аз prescribed in this...
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Laws of the Territory of Idaho

Idaho, Idaho Territory - Law - 1866 - 534 pages
...the court to set aside the indictment or may demur or plead thereto. SEC. 274. The indictment shall be set aside by the court in which the defendant is...upon his motion, in either of the following cases : First. When it is not found, indorsed, and presented as prescribed in this act. Second. When the...
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