California Penal Code CHAPTER 3 - Demurrer and Amendment

• Section 1002.
  The only pleading on the part of the defendant is either a demurrer or a plea.(Enacted 1872.)
• Section 1003.
  Both the demurrer and plea must be put in, in open Court, either at the time of the arraignment or at such other time as...
• Section 1004.
  The defendant may demur to the accusatory pleading at any time prior to the entry of a plea, when it appears upon the face thereof...
• Section 1005.
  The demurrer must be in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of objection to...
• Section 1006.
  Upon the demurrer being filed, the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court shall grant...
• Section 1007.
  Upon considering the demurrer, the court must make an order either overruling or sustaining it. If the demurrer to an indictment or information is overruled,...
• Section 1008.
  If the demurrer is sustained, and no amendment of the accusatory pleading is permitted, or, in case an amendment is permitted, no amendment is made...
• Section 1009.
  An indictment, accusation or information may be amended by the district attorney, and an amended complaint may be filed by the prosecuting attorney, without leave...
• Section 1010.
  When an indictment or information is dismissed after the sustaining of a demurrer, or at any other stage of the proceedings because of any defect...
• Section 1012.
  When any of the objections mentioned in Section 1004 appears on the face of the accusatory pleading, it can be taken only by demurrer, and...

Last modified: October 22, 2018