Revised Code of Washington

Wash. Rev. Code § 10.40.110 (2026)

Demurrer to indictment or information

✓ current as of May 2026

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The defendant may demur to the indictment or information when it appears upon its face either—

(1) That it does not substantially conform to the requirements of this code;

(2) [That] more than one crime is charged;

(3) That the facts charged do not constitute a crime;

(4) That the indictment or information contains any matter which, if true, would constitute a defense or other legal bar to the action.

[ 1891 c 28 s 55; Code 1881 s 1051; RRS s 2105.]

Notes of Decisions

Cited in 3 cases, 1973–2017 · leading case: State v. Conifer Enter., Inc., 508 P.2d 149 (Wash. 1973).

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State v. Conifer Enter., Inc., 508 P.2d 149 (Wash. 1973). · cites it 2× “Respondents, pursuant to RCW 10.40.110, demurred to the information.”

State v. Bryce, 707 P.2d 694 (Wash. Ct. App. 1985). · cites it 2× “[2] In April 1983, the Bryces moved to dismiss the information, on constitutional grounds and under RCW 10.40.110, for failure to state a crime because the information did not allege the amount of assistance unlawfully obtained.”

Ted Spice v. Pierce Cnty. & The City Of Puyallup (Wash. Ct. App. 2017). · cites it 2× “Spice also contends that his attorneys complied with RCW 10.40.110. However, Spice does not explain how compliance with RCW 10.”

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