(1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases:
(a) When it is not found, indorsed and presented as prescribed in ORS 132.360, 132.400 to 132.430 and 132.580.
(b) When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon.
(2) Nothing in subsection (1)(b) of this section shall affect the application of ORS 132.580. [Amended by 1959 c.426 §2; 1973 c.836 §178]
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