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Which of the following distinguishes a motion to quash from a demurrer to evidence?

2013 Bar Exam · Remedial Law · Question 13 · Multiple choice

The question

Which of the following distinguishes a motion to quash from a demurrer to evidence?

  1. A.A motion to quash a complaint or information is filed before the prosecution rests its case.
  2. B.A motion to quash may be filed with or without leave of court, at the discretion of the accused.
  3. C.When a motion to quash is granted, a dismissal of the will not necessarily follow.
  4. D.The grounds for a motion to quash are also grounds for a demurrer to evidence. (E) The above choices are all wrong.

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