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?
- A.A motion to quash a complaint or information is filed before the prosecution rests its case.
- B.A motion to quash may be filed with or without leave of court, at the discretion of the accused.
- C.When a motion to quash is granted, a dismissal of the will not necessarily follow.
- 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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