2013 (Remedial Law) Bar Exam Questions: Multiple Choice Question 9

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Which of the following distinguishes a motion to quash from a demurrer to evidence? (1%)

(A) A motion to quash a complaint or information is filed before the prosecution rests its case.

(B) A motion to quash may be filed with or without leave of court,at the discretion of the accused.

(C) When a motion to quash is granted, a dismissal of the case will not necessarily follow.

(D) The grounds for a motion to quash are also grounds for a demurrer to evidence.

(E) The above choices are all wrong.

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