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Cal. Penal Code § 1005

Demurrer and Amendment

Applied in 4 court decisions — leading case 3 Cal. 2d 441 - People v. McNabb (1935)

Most recently applied in People v. Saffell (April 1946)

Amended by Stats. 1951, Ch. 1674.

How often courts cite this section

19031910192019301940194610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The demurrer must be in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of objection to the accusatory pleading or it must be disregarded.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.