California, United States of America
The following excerpt is from Santana v. Superior Court of Yuba Cnty., C066008, C066009, C066219, C066447 (Cal. App. 2012):
A statutory ground for setting aside an indictment is where it was not properly "found, endorsed, and presented." ( 995, subd. (a)(1)(A).) We have noted that a statutory motion to set aside an indictment does not contemplate the introduction of evidence outside the record of the proceedings before the grand jury. (People v. Sherwin (2000) 82 Cal.App.4th 1404, 1411.) The People, however, do not dispute that this ground is cognizable through the vehicle of a nonstatutory motion to set aside as well.16
Page 26
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.