If the defendant, upon being arraigned, demurs to the indictment, pleads to the jurisdiction of the court, pleads in abatement, or enters any other special plea in bar, the demurrer or plea shall be made in writing. If the demurrer or plea is decided against the defendant, he may nevertheless plead and rely on the general issue of "not guilty."
(Laws 1833, Cobb's 1851 Digest, p. 834; Code 1863, § 4526; Code 1868, § 4545; Code 1873, § 4639; Code 1882, § 4639; Penal Code 1895, § 950; Penal Code 1910, § 975; Code 1933, § 27-1501.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 132 et seq., 467 et seq., 585 et seq. 41 Am. Jur. 2d, Indictments and Informations, § 270 et seq.
C.J.S.- 24 C.J.S., Criminal Procedure and Rights of the Accused, § 2542 et seq. 42 C.J.S., Indictments and Information, § 258 et seq. 71 C.J.S., Pleading, § 230 et seq.
ALR.- Guilty plea safeguards as applicable to stipulation allegedly amounting to guilty plea in state criminal trial, 17 A.L.R.4th 61.
When is dismissal of indictment appropriate remedy for misconduct of government official, 10 A.L.R. Fed. 3d 3.
Construction and Application of Supreme Court's Holding in Bank of Nova Scotia v. U.S., 487 U.S. 250 (1988), that Harmless Error Standard Under Fed. R. Crim. P. 52(a) Applies to Dismissal of Indictment, 20 A.L.R. Fed. 3d 1.