Section 16-85-706 - Motion to set aside indictment

(a) The motion to set aside the indictment can only be made on the following grounds: (1) A substantial error in the summoning or formation of the grand jury;(2) That some person other than the grand jurors was present before the grand jury when they finally acted upon the indictment; and(3) That the indictment was not found and presented as required by this code.(b) If the motion is sustained, the court shall make an order that the case be submitted to another grand jury to be assembled at that or the next term of the court.Crim. Code, §§ 159-162; C. & M. Dig., §§ 3057-3060; Pope's Dig., §§ 3883-3886; A.S.A. 1947, §§ 43-1207--43-1210; Acts 2005, No. 1994, § 322.