California Statutes
§ 1008. — 1008. (Amended by Stats. 1951, Ch. 1674.)
California § 1008.
JurisdictionCalifornia
Code PENPenal Code - PEN
Title6.
Part 2.TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL
Ch. 3.CHAPTER 3. Demurrer and Amendment
This text of California § 1008. (1008. (Amended by Stats. 1951, Ch. 1674.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Cal. Penal Code - PEN Code § 1008. (2026).
Text
If the demurrer is sustained, and no amendment of the accusatory pleading is permitted, or, in case an amendment is permitted, no amendment is made or amended pleading is filed within the time fixed therefor, the action shall be dismissed, and, except as provided in Section 1010, the court must order, if the defendant is in custody, that he be discharged or if he has been admitted to bail, that his bail be exonerated, or, if money or other property has been deposited instead of bail for his appearance, that such money or other property be refunded to him or to the person or persons found by the court to have deposited such money or other property on his behalf.
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Related
People v. Sherman
211 Cal. App. 2d 419 (California Court of Appeal, 1962)
People v. Hernandez
197 Cal. App. 2d 25 (California Court of Appeal, 1961)
Legislative History
Amended by Stats. 1951, Ch. 1674.
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Bluebook (online)
California § 1008., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/PEN/1008..