Sunday, March 14, 2010

Pre-Trial Motion to Quash Indictment is a Facial Challenge

When a defendant challenges the indictment at a pretrial hearing, the only inquiry may be into whether the indictment, on its face, met the pleading requirements.A trial court may not determine the sufficiency of evidence to support or defeat any of the elements of the charged crime alleged in the indictment at a pretrial hearing.
State v. Reyes, 8th District Court of Appeals (El Paso), reported 24 Feb 2010.