is prosecuted is not his true name, he must then declare his true name, or be proceeded against by the name in the indictment or information. If he gives no other name, the court may proceed accordingly; but if he alleges that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent proceedings on the information or indictment may be had against him by that name, referring also to the name by which he was first charged therein. [Amendment approved 1880; Code Amdts. 1880, p. 17.] Charging defendant by erroneous name, proceedings in case of: See ante, § 953. Arraignment, proceedings on: See ante, § 988. California Jurisprudence: See article Criminal Law, vol. 7, p. 992. Legislation § 989. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 310); in substance the same as Crim. Prac. Act, Stats. 1851, p. 242, §§ 273, 274, 275. When enacted in 1872, § 989 read: "989. When the defendant is arraigned, he must be informed that if the name by which he is indicted is not his true name, he must then declare his true name, or be proceeded against by the name in the indictment. If he gives no other name the court may proceed accordingly; but if he alleges that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent proceedings on the indictment may be had against him by that name, referring also to the name by which he is indicted." 2. Amended by Code Amdts. 1880, p. 17. § 990. Time allowed and how defendant may answer on arraignment. If, on the arraignment, the defendant requires it, he must be allowed a reasonable time, not less than one day, to answer the indictment or information. He may, in answer to the arraignment, move to set aside, demur, or plead to the indictment or information. [Amendment approved 1880; Code Amdts. 1880, p. 17.] California Jurisprudence: See article Criminal Law, vol. 7, p. 993. Legislation § 990. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., §§ 311, 312); based on Crim. Prac. Act, Stats. 1851, p. 242, §§ 276, 277, which read: "§ 276. If on the arraignment the defendant require it, he shall be allowed until the next day, or such further time may be allowed him as the court may deem reasonable, to answer the indictment. § 277. If the defendant do not require time as provided in the last section, or if he do, then on the next day, or at such future day as the court may have allowed him, he may answer to the arraignment; either move the court to set aside the indictment, or may demur or plead thereto." 2. Amended by Code Amdts. 1880, p. 17, inserting "or information" in both instances. CHAPTER II. Setting Aside the Indictment. § 995. When indictment must be set aside. When information. $996. Defendant waives objections unless he makes the motion. § 997. Motion when heard. If denied or granted, what proceedings are to be had. § 998. Effect of order for submission. $999. Order no bar to another prosecution. § 995. 995. When indictment must be set aside. When infor When Indictment or Information Must Be Set Aside. The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases: If it be an indictment: 1. Where it is not found, indorsed, and presented as prescribed in this code. [ ] [If it be an information:] 1. That before the filing thereof the defendant had not been legally committed by a magistrate. [ ] (In effect 90 days from and after April 29, 1927. Stats. 1927, Chap. 854.) Pen. Code, 1927. nave been read_verore them, аrе nоt miserteu ал ше 1000 ot the indictment, or indorsed thereon. 3. When a person is permitted to be present during the session of the grand jury, and when the charge embraced in the indictment is under consideration, except as provided in section 925. If it be on information: 1. That before the filing thereof the defendant had not been legally committed by a magistrate. 2. That it was not subscribed by the district attorney of the county, or city and county. [Amendment approved 1911; Stats. 1911, p. 435.] 995a. [New.] Court to Direct Insertion of Names of Witnesses in Indictment, and Subscription of Information by District If the names of the witnesses Attorney, Where Same Omitted. inserted at the foot of examined before the grand jury are not the indictment or indorsed thereon, the to be so inserted or indorsed; and if the information be not subscribed by the district attorney, the court may order it to be so subscribed. (In effect 90 days from and after April 29, 1927. Pen. Code, 1927. Stats. 1927, Chap. 854.) ผมน LaTM tion. Legislation § 995. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 313); the portion that relates to indictments is in substance the same as Crim. Prac. Act, Stats. 1851, p. 242, § 278. 2. Amended by Code Amdts. 1880, p. 43, to read: “§ 995. The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases. If it be an indictment: 1. Where it is not found, in dorsed, and presented as prescribed in this code; 2. When the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, are not inserted at the foot of the indictment, or indorsed thereon; 3. When a person is permitted to be present during the session of the grand jury, and when the charge embraced in the indictment is under consideration, except as provided in section nine hundred and twenty-five; 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. If it be on [an] information: 1. That before the filing thereof the defendant had not been legally committed by a magistrate; 2. That it was not subscribed by the district attorney of the county." 3. Amended by Stats. 1911, p. 435. § 996. Defendant waives objections unless he makes the motion. If the motion to set aside the indictment or information is not made, the defendant is precluded from afterwards taking the objections mentioned in the last section. [Amendment approved 1880; Code Amdts. 1880, p. 17.] Waiver of objection by failure to move or demur: See post, §§ 1012, 1185. California Jurisprudence: See article Indictment and Informa tion. Legislation § 996. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 314); in substance the same as Crim. Prac. Act, Stats. 1851, p. 243, § 280. 2. Amended by Code Amdts. 1880, p. 17, inserting "or information" after "indictment." § 997. Motion when heard. If denied or granted, what proceedings are to be had. The motion must be heard at the time it is made, unless for cause the court postpones the hearing to another time. If the motion is denied, the defendant must immediately answer the indictment or information, either by demurring or pleading thereto. If the motion is granted, the court must order that the defendant, if in custody, be discharged therefrom; or, if admitted to bail, that his bail be exonerated; or, if he has deposited money instead of bail, that the same be refunded to him, unless it directs that the case be resubmitted to the same or another grand jury, or that an information be filed by the district attorney; provided, that after such order of resubmission the defendant may be examined before a magistrate, and discharged or committed by him, as in other cases, if before indictment or information filed he has not been examined and committed by a magistrate. [Amendment approved 1880; Code Amdts. 1880, p. 17.] Resubmission of charge where charge dismissed: See ante, § 942. California Jurisprudence: See article Indictment and Informa tion. Legislation § 997. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., §§ 315, 316, 317); in substance the same as Crim. Prac. Act, Stats. 1851, p. 243, §§ 281, 282, 283. 2. Amended by Code Amdts. 1880, p. 17, (1) in first sentence, adding "or information" after "indictment"; (2) in second sentence, after "another grand jury," adding the phrase "or that an information be filed by the district attorney," and the proviso ending the section. § 998. Effect of order for submission. If the court directs the case to be resubmitted or an information to be filed, the defendant, if already in custody, must so remain, unless he is admitted to bail; or, if already admitted to bail, or money has been deposited instead thereof, the bail or money is answerable for the appearance of the defendant to answer a new indictment or information; and, unless a new indictment is found or information filed before the next grand jury of the county is discharged, the court must, on the discharge of such grand jury, make the order prescribed by the preceding section. [Amendment approved 1880; Code Amdts. 1880, p. 17.] California Jurisprudence: See article Indictment and Informa tion. Legislation § 998. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., §§ 318, 319); based on Crim. Prac. Act, Stats. 1851, p. 243, §§ 284, 285, which read: "§ 284. If the court direct that the case be resubmitted, the defendant, if already in custody, shall so remain, unless he be admitted to bail, or if already admitted to bail, or money have been deposited instead thereof, the bail or money shall be answerable for the appearance of the defendant to answer a new indictment. § 285. Unless a new indictment be found before the next grand jury of the county is discharged, the court shall, on the discharge of such grand jury, make the order prescribed in section two hundred and eighty-three." 2. Amended by Code Amdts. 1880, p. 17, adding (1) “or an information to be filed" after "resubmitted," (2) "or information" after "new indictment," and (3) "or information filed" after "indictment is found." § 999. Order no bar to another prosecution. An order to set aside an indictment or information, as provided in this chapter, is no bar to a future prosecution for the same offense. [Amendment approved 1880; Code Amdts. 1880, p. 18.] Jeopardy: See ante, § 687. California Jurisprudence: See article Indictment and Informa tion. Legislation § 999. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 320); in substance the same as Crim. Prac. Act, Stats. 1851, p. 243, § 286. 2. Amended by Code Amdts. 1880, p. 18, inserting "or information" after "indictment." $ 1009. § 1010. 81011. If resubmission not ordered, defendant discharged, etc. § 1012. When objections, forming ground of demurrer, must or may be taken. § 1002. Pleading on part of defendant. The only pleading on the part of the defendant is either a demurrer or a plea. California Jurisprudence: See articles Criminal Law, vol. 7, p. 994; Indictment and Information. Legislation § 1002. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 321); in exact language of Crim. Prac. Act, Stats. 1851, p. 243, § 287. § 1003. Demurrer or plea, when put in. Both the demurrer and plea must be put in, in open court, either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose. Time to plead: Ante, § 990. Time to put in plea where demurrer overruled: See post, § 1011. tion. Legislation § 1003. Enacted February 14, 1872 (N. Y. Code Crim. Proc., 8322); in substance the same as Crim. Prac. Act, Stats. 1851, p. 243, § 288. § 1004. Demurrer, grounds for. The defendant may demur to the indictment or information, when it appears upon the face thereof either: 1. If an indictment, that the grand jury by which it 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; or, if an information, that the court has no jurisdiction of the offense charged therein; 2. That it does not substantially conform to the requirements of sections nine hundred and fifty, nine hundred and fifty-one, and nine hundred and fifty-two; 3. That more than one offense is charged, except as provided in section nine hundred and fifty-four; 4. That the facts stated do not constitute a public offense; 5. That it contains matter which, if true, would constitute |