10.40.110 - Demurrer to indictment or information.
Demurrer to indictment or information.
The defendant may demur to the indictment or information when it appears upon its face either --
(1) That it does not substantially conform to the requirements of this code;
(2) [That] more than one crime is charged;
(3) That the facts charged do not constitute a crime;
(4) That the indictment or information contains any matter which, if true, would constitute a defense or other legal bar to the action.
[1891 c 28 Β§ 55; Code 1881 Β§ 1051; RRS Β§ 2105.]
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