TITLE 19

CRIMINAL PROCEDURE

CHAPTER 17

PLEADINGS BY DEFENDANT

19-1703.  Ground for demurrer. The defendant may demur to the indictment when it appears upon the face thereof, either:

1.  That the grand jury by which it was found had no legal authority to inquire into the offense charged, by reason of its not being within the legal jurisdiction of the county.

2.  That it does not substantially conform to the requirements of sections 19-1409, 19-1410 and 19-1411.

3.  That more than one offense is charged in the indictment.

4.  That the facts stated do not constitute a public offense.

5.  That the indictment contains any matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.

History:

[(19-1703) Cr. Prac. 1864, sec. 285, p. 247; R.S., R.C., & C.L., sec. 7742; C.S., sec. 8870; I.C.A., sec. 19-1603.]