Which of the following statements is incorrect?

The question

Which of the following statements is incorrect?

1. A.A Motion to Quash which is granted is a bar to the prosecution for the same offense if the criminal action or liability has been extinguished.
2. B.In the Court of Appeals, the accused may file a motion for new trial based only on newly discovered evidence.
3. C.A demurrer to evidence may be filed without leave of court in a criminal case.
4. D.None of the above.

This question has not been answered yet.