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" If the motion is granted, the court must order that the defendant, if in custody, be discharged therefrom; or, if admitted to bail, that his bail be exonerated; or. If he has deposited money instead of bail, that the same be refunded to him, unless it... "
Penal Code of State of Idaho, 1901 - Side 281
av Idaho - 1901 - 597 sider
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The Pacific Reporter, Volum 3

1884 - 938 sider
...a motion to set aside the indictment; and section 187 provides, among other things: "If the motion is granted, the court must order that the defendant,...admitted to bail, that his bail be exonerated, or, if he lias deposited money instead of bail, that the same be refunded to him, unless it directs that the...
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The Code of Criminal Procedure of the State of New York: With Notes of ...

New York (State) - 1884 - 542 sider
...indictment, either by demurring or pleading thereto. § 317. Indictment set aside. — If the motion be granted, the court must order that the defendant, if in custody, be discharged therefrom, or if under bail, that his bail be exonerated, or if he have deposited money instead of bail, that the money...
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Annotated Code of Criminal Procedure and Penal Code of the State of New York ...

New York (State) - 1884 - 1000 sider
...defendant discharged, unless the case be submitted to the same or another grand jury. — If the motion be granted, the court must order that the defendant, if in custody, be discharged therefrom, or if under bail, that his bail be exonerated, or if he have deposited money instead of bail, that the money...
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New York Criminal Reports: Reports of Cases Decided in All Courts ..., Volum 15

1902 - 644 sider
...invalid, on the ground that the court wherein it was found was not properly organized and convened, and the defendant, if in custody, be discharged therefrom, or, if admitted to bail, his bail exonerated, or, if money has been deposited instead of bail, it be refunded to defendant,...
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The Codes and Statutes of California, as Amended and in Force at the Close ...

California - 1886 - 992 sider
...offense punishable by law, the cc urt must order that the defendant, if in custody, be discharged; or if admitted to bail, that his bail be exonerated;...if he has deposited money instead of bail, that the money be refunded to him, unless in its opinion a new indictment or information can be framed upon...
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The Pacific Reporter, Volum 3

1887 - 932 sider
...a motion to set aside the indictment; and section 187 provides, among other things: "If the motion is granted, the court must order that the defendant, if in custody, be discharged therel'rom, or, if admitted to bail, that his bail be exonerated, or, if he lia,s deposited money instead...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volum 56

California. Supreme Court - 1887 - 738 sider
...granting a motion to set aside an indictment or an information is clearly expressed in the statute ; the Court must order that the defendant, if in custody, be discharged therefrom, unless it directs that the case be resubmitted. And the statute further provides, " that after such...
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The Code of Criminal Procedure and Penal Code of the State of New York, as ...

New York (State) - 1889 - 878 sider
...defendant discharged, unless the case be submitted to the same or another grand jury. — If the motion be granted, the court must order that the defendant, if in custody, be discharged therefrom, or if under bail, that his bail be exonerated or if he have deposited money instead of bail, that the money...
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The Code of Criminal Procedure [and Penal Code] of the State of New York, as ...

New York (State) - 1891 - 1108 sider
...defendant discharged, unless the case be submitted to the same or another grand jury. — If the motion be granted, the court must order that the defendant, if in custody, be discharged therefrom, or if under bail, that his bail be exonerated, or if he have deposited money instead of bail, that the money...
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The Code of Criminal Procedure of the State of New York as Amended ...

New York (State) - 1892 - 974 sider
...indictment, either by demurring or pleading thereto. §317. If granted, etc. — If the motion lie granted, the court must order that the defendant, if in custody, be discharged therefrom, or if under bail, that his bail be exonerated, or if he have deposited money instead of bail, that the money...
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