Date Posted: June 19, 2009 by shiklaw
Demurrer to Information for Lack of Specificity
Defendant charged with hate crime demurrers to accusatory pleading because it does not specify which legal right his hate crime is alleged to have interfered with. This motion has extensive analysis of the shortcomings of a pleading, accusing a violation of a statute that in turn relies on another statute. In such a circumstance the prosecution must allege the second statute with particularity. This demurrer also cites statute giving authority for demurrer after the arraignment.