TITLE 19

CRIMINAL PROCEDURE

CHAPTER 16

SETTING ASIDE INDICTMENT

19-1601.  Grounds for setting aside indictment. The indictment must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases:

1.  When it is not found, endorsed and presented as prescribed in this code.

2.  When the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, are not inserted at the foot of the indictment, or endorsed thereon.

3.  When a person is permitted to be present during the session of the grand jury, and when the charge embraced in the indictment is under consideration, except as provided in chapter 11 of this title.

4.  When the defendant has not been held to answer before the finding of the indictment, on any ground which would have been good ground for challenge, either to the panel or to any individual grand juror.

History:

[(19-1601) Cr. Prac. 1864, secs. 274, 275, pp. 246 and 247; R.S., R.C., & C.L., sec. 7730; C.S., sec. 8863; I.C.A., sec. 19-1501; am. 1970, ch. 60, sec. 3, p. 146; am. 2003, ch. 140, sec. 1, p. 408.]