Texas statute
Tex. Code Crim. Proc. art. 27.03 — Motion to set aside indictment
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 27: THE PLEADING IN CRIMINAL ACTIONS, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 27.03
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
In addition to any other grounds authorized by law, a motion to set aside an indictment or information may be based on the following: 1. That it appears by the records of the court that the indictment was not found by at least nine grand jurors, or that the information was not based upon a valid complaint; 2. That some person not authorized by law was present when the grand jury was deliberating upon the accusation against the defendant, or was voting upon the same; and 3. That the grand jury was illegally impaneled; provided, however, in order to raise such question on motion to set aside the indictment, the defendant must show that he did not have an opportunity to challenge the array at the time the grand jury was impaneled.
Official sources
This reference is informational and is not legal advice.