Section 1004 Of Chapter 3. Demurrer And Amendment From California Penal Code >> Title 6. >> Part 2. >> Chapter 3.
1004
. The defendant may demur to the accusatory pleading at any
time prior to the entry of a plea, when it appears upon the face
thereof either:
1. If an indictment, that the grand jury by which it was found had
no legal authority to inquire into the offense charged, or, if any
information or complaint that the court has no jurisdiction of the
offense charged therein;
2. That it does not substantially conform to the provisions of
Sections 950 and 952, and also Section 951 in case of an indictment
or information;
3. That more than one offense is charged, except as provided in
Section 954;
4. That the facts stated do not constitute a public offense;
5. That it contains matter which, if true, would constitute a
legal justification or excuse of the offense charged, or other legal
bar to the prosecution.