1. That it appears by the records of the court that the indictment was not found by at least nine grand jurors, or that the information was not based upon a valid complaint;
2. That some person not authorized by law was present when the grand jury was deliberating upon the accusation against the defendant, or was voting upon the same; and
3. That the grand jury was illegally impaneled; provided, however, in order to raise such question on motion to set aside the indictment, the defendant must show that he did not have an opportunity to challenge the array at the time the grand jury was impaneled.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 27 - The Pleading in Criminal Actions
Article 27.01. Indictment or Information
Article 27.02. Defendant's Pleadings
Article 27.03. Motion to Set Aside Indictment
Article 27.04. Motion Tried by Judge
Article 27.05. Defendant's Special Plea
Article 27.06. Special Plea Verified
Article 27.07. Special Plea Tried
Article 27.08. Exception to Substance of Indictment
Article 27.09. Exception to Form of Indictment
Article 27.10. Written Pleadings
Article 27.11. Ten Days Allowed for Filing Pleadings
Article 27.12. Time After Service
Article 27.13. Plea of Guilty or Nolo Contendere in Felony
Article 27.14. Plea of Guilty or Nolo Contendere in Misdemeanor
Article 27.15. Change of Venue to Plead Guilty
Article 27.16. Plea of Not Guilty, How Made
Article 27.17. Plea of Not Guilty Construed