California · Penal Code

PEN §1004: 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 fou

Civil

What this law says, in plain English

This statute defines procedural grounds allowing a defendant to challenge an accusatory pleading (indictment, information, or complaint) before entering a plea, such as lack of jurisdiction, defective form, or constitutional invalidity.

Read the full statutory 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. (c) That more than one offense is charged, except as provided in Section 954. (d) That the facts stated do not constitute a public offense. (e) That it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution. (f) That the statutory provision alleged in the accusatory pleading is constitutionally invalid.

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