SEARCH
You are in browse mode. You must login to use MEMORY

   Log in to start


From course:

Rule 117 - Motion to Quash

» Start this Course
(Practice similar questions for free)
Question:

When cannot the court order another complaint or information be filed after sustaining a motion to quash? (Sec. 6)

Author: Ben Benitez



Answer:

GR: An order sustaining the motion to quash is not a bar to another prosecution for the same offense. EXC: If the motion is based on the grounds specified in Sec. 3(g) and (i) of this Rule: 3(g) - That the criminal action or liability has been extinguished. 3(i) - That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.


0 / 5  (0 ratings)

1 answer(s) in total