People v. Stacey

Citations

• 34 Cal. 307

Syllabus

<p>Setting Aside Indictment.—A motion to set aside an indictment for any cause must be made before the defendant pleads or demurs. If not so made, the defendant is precluded from afterwards taking the objections which he is allowed to present on said motion.</p> <p>Idem—Final Judgment.—The order of Court setting aside an indictment for a . felony, and discharging the defendant without day, constituted a final disposition of the case, and was a final judgment in the sense of the statute in relation to appeals in criminal cases.</p>