California Penal Code

§ 1004

PEN § 1004 Effective Jan 1, 2024Title 6 · Part 2 · Ch. 3

Statute text

The defendant may demur to the accusatory pleading at any time prior to the entry of a plea, when it appears upon the face thereof either:

(a)If an indictment, that the grand jury by which it was found had no legal authority to inquire into the offense charged, or, if any information or complaint that the court has no jurisdiction of the offense charged therein.

(b)That it does not substantially conform to the provisions of Sections 950 and 952, and also Section 951 in case of an indictment or information.

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Legislative history

Amended by Stats. 2023, Ch. 311, Sec. 7. (SB 883) Effective January 1, 2024.