Section 15-15-40 Objection to formation of grand jury or indictment generally. (a) No objection to an indictment on any ground going to the formation of the grand jury which found the same can be taken to the indictment except by a plea in abatement to the indictment, and no objection can be taken to an […]
Section 15-15-41 When filed generally. Any plea in abatement to an indictment must be filed at the first session at which the indictment was found, if the accused has been arrested; or, if the accused has not been arrested, such a plea in abatement must be filed at the first session at which it is […]
Section 15-15-42 Verification. No plea in abatement or other dilatory plea to an indictment must be received unless it is verified by oath or unless its truth appears by some matter of record or other written evidence accompanying it. (Code 1852, §634; Code 1867, §4186; Code 1876, §4888; Code 1886, §4440; Code 1896, §5264; Code […]
Section 15-15-43 Abatement of prosecution of misdemeanor in circuit court when case commenced and pending in district or municipal court. (a) The original jurisdiction of the circuit courts over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution for a misdemeanor has been first commenced and is still pending in a […]
Section 15-15-44 When plea on ground grand jurors improperly drawn to be filed; procedure when plea sustained. A plea to an indictment, on the ground that the grand jurors by whom it was found were not drawn in the presence of the officers designated by law must, if the accused has been arrested, be filed […]
