Demurrer to indictment or information.

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The defendant may demur to the indictment or information when it appears upon the face thereof either:

1. That the grand jury by which an indictment was found had no legal authority to inquire into the offense charged, by reason of its not being within the legal jurisdiction of the county.

2. That it does not substantially conform to the requirements of this chapter.

3. That more than one offense is charged in the indictment or information.

4. That the facts stated do not constitute a public offense.

5. That the indictment or information contains any matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.

R.L.1910, § 5791.


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