Section 210.35. Motion to dismiss indictment; defective grand jury proceeding  


Latest version.
  • A  grand  jury proceeding is defective within the meaning of paragraph
      (c) of subdivision one of section 210.20 when:
        1.  The grand jury was illegally constituted; or
        2.   The proceeding is  conducted  before  fewer  than  sixteen  grand
      jurors; or
        3.    Fewer  than  twelve  grand  jurors  concur in the finding of the
      indictment; or
        4.  The defendant is not accorded an opportunity to appear and testify
      before the grand jury in  accordance  with  the  provisions  of  section
      190.50; or
        5.    The proceeding otherwise fails to conform to the requirements of
      article one hundred ninety to such degree that the integrity thereof  is
      impaired and prejudice to the defendant may result.