TITLE XV MOTION TO QUASH Art. 531. Motion to quash; nature of motion All pleas or defenses raised before trial, other than mental incapacity to proceed, or pleas of "not guilty" and of "not guilty and not guilty by reason of insanity," shall be urged by a motion to quash.
Art. 532. General grounds for motion to quash A motion to quash may be based on one or more of the following grounds: (1) The indictment fails to charge an offense which is punishable under a valid statute. (2) The indictment fails to conform to the requirements of Chapters 1 and 2 of Title XIII. […]
Art. 533. Special grounds for motion to quash grand jury indictment A motion to quash an indictment by a grand jury may also be based on one or more of the following grounds: (1) The manner of selection of the general venire, the grand jury venire, or the grand jury was illegal. (2) An individual […]
Art. 534. Special grounds for motion to quash information A motion to quash an information may also be based on one or more of the following grounds: (1) The information was not signed by the district attorney; or was not properly filed. (2) The offense is not one for which prosecution can be instituted by […]
Art. 535. Time to file motion to quash A. A motion to quash may be filed of right at any time before commencement of the trial, when based on the ground that: (1) The offense charged is not punishable under a valid statute; (2) The indictment does not conform with the requirements of Chapters 1 […]
Art. 536. Form and contents of motion to quash; place to file A motion to quash shall be in writing, signed by the defendant or his attorney, and filed in open court or in the office of the clerk of court. It shall specify distinctly the grounds on which it is based. The court shall […]
Art. 537. Trial of issues arising on motion to quash All issues, whether of law or fact, that arise on a motion to quash shall be tried by the court without a jury.
Art. 538. Effect of sustaining motion to quash The court shall order the defendant discharged from custody or bail, as to that charge, when it sustains a motion to quash based upon the ground that: (1) The offense is not punishable under a valid statute; (2) Trial for the offense charged would constitute double jeopardy; […]
