Page:Revised Codes of the State of North Dakota 1895.pdf/1451

Before Trial. ceedings on the information or indictment may be had against him by that name, referring also to the name by which he is informed against or indicted.

§ 8080. Time to answer given defendant. If, on the arraignment, the defendant requires it, he must be allowed until the next day, or such further time may be allowed him as the court may deem reasonable, to answer the information or indictment.

§ 8081. Answer. Motion to set aside. Demurrer. Plea. If the defendant does not require time, as provided in the last section, or if he does, then on the next day, or at such further day as the court may have allowed him, he may, in answer to the arraignment, either move the court to set aside the information or indictment, or may demur or plead thereto.

ARTICLE 2.- SETTING ASIDE THE INFORMATION OR INDIC TMENT

§ 8082. Causes for setting aside, classified. The information or indictment must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases:

If it is an information:

1. In all cases when the defendant is entitled to a preliminary examination before a magistrate, before the filing of such information, when he has not had such examination and been held to answer before the district court, or has not waived such examination in writing, or orally before a magistrate.

2. When the information is not subscribed by a person authorized to act as informant.

3. When the information is not verified; or,

If it is an indictment:

1. When it is not found, indorsed and presented or filed as prescribed by this code.

2. When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or otherwise exhibited thereon.

3. When a person is pernitted to be present during the session of the grand jury, while the charges embraced in the indictment are under consideration, except as provided in section 8020.

4. When the defendant had not been held to answer before the finding of the indictment, on any ground which would have been good ground for challenge, either to the panel or to any individual grand juror.

§ 8083. Motion. Form. Contents. Time. The motion to set aside the information or indictment must be in writing, subscribed by the defendant or his attorney, and must specify clearly the ground of objection to the information or indictment, and said motion must be made before the defendant demurs or pleads, or the objection is waived.

§ 8084. When motion heard. The motion must be heard at the time it is made, unless for good cause the court postpones the hearing to another time.

§ 8085. Motion denied, answer immediately. If the motion is denied, the defendant must immediately answer the information or indictment, either by demurring or pleading thereto.

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