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From course:

Rule 117 - Motion to Quash

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Question:

Can a motion to quash lead to an amendment of the complaint or information? Yes. How? Can the quashal be granted anyway? Yes. How? (Sec. 4)

Author: Ben Benitez



Answer:

If the motion to quash is based on an alleged defect of the complaint or information which CAN BE CURED by amendment, the court shall order that an amendment be made. If it is based on the ground that the facts charged do not constitute an offense, the prosecution shall be given by the court an opportunity to correct the defect by amendment. BUT the motion shall be GRANTED if the prosecution FAILS to make the amendment, OR the complaint or information still suffers from the same defect despite the amendment.


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