Texas Code of Criminal Procedure - Article 27.03. Motion To Set Aside Indictment
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Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 27.03. Motion To Set Aside Indictment
Art. 27.03. [506] [570] [559] MOTION TO SET ASIDE
INDICTMENT. In addition to any other grounds authorized by law, a
motion to set aside an indictment or information may be based on the
following:
1. That it appears by the records of the court that the
indictment was not found by at least nine grand jurors, or that the
information was not based upon a valid complaint;
2. That some person not authorized by law was present when the
grand jury was deliberating upon the accusation against the
defendant, or was voting upon the same; and
3. That the grand jury was illegally impaneled; provided,
however, in order to raise such question on motion to set aside the
indictment, the defendant must show that he did not have an
opportunity to challenge the array at the time the grand jury was
impaneled.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Article: 26.11 26.12 26.13 26.14 26.15 [503] [567] [556] CORRECTING NAME. In any case,
the same proceedings shall be had with respect to the name of the
defendant and the correction of the indictment or information as
provided with respect to the same in capital cases.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan 27.01 27.02 27.03 27.04 27.05 27.06 27.07 27.08 27.09 27.10
Last modified: August 11, 2007
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