California, United States of America
The following excerpt is from People v. Witt, 125 Cal.Rptr. 653, 53 Cal.App.3d 154 (Cal. App. 1975):
The appropriate statutory remedies for attacking a defect appearing upon the face of the information going to a failure to state a triable offense, as in the case at bench, are demurrer (Pen.Code, 1004--1007), motion to dismiss the jury (Pen.Code, 1113--1117), motion in arrest of judgment (Pen.Code, 1185--1188), and appeal. (See People v. Megladdery (1940) 40 Cal.App.2d 748, 757, 106 P.2d 84.) The order or judgment entered pursuant to these procedures does not finally dispose of the matter if the prosecution can remedy the defect. (See above Penal Code citations; as to a judgment on appeal, see People v. Rose (1972) 28 Cal.App.3d 415, 418, 104 Cal.Rptr. 702.)
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