Editing Demurrer (section)

===Criminal cases===

In criminal cases, a demurrer may be used in some circumstances to challenge the legal sufficiency of the [[indictment]] or other similar [[United States criminal procedure#Charging instruments|charging instrument]]. Traditionally, if the defendant could admit every allegation of the indictment and still be innocent of any crime, then a ''general demurrer'' would be sustained and the indictment would be dismissed. A ''special demurrer'' refers to an attack on the form, rather than the substance, of the charge: if the defendant correctly identifies some defect "on the face" of the indictment, then the charges are subject to being dismissed, although usually the indictment can be redrawn (rewritten) and re-presented to the [[grand jury]] or other charging authority. While there are different ways to accomplish the goals of a special demurrer, often an alternative method to challenge the sufficiency of the indictment is an attack on the [[Prosecutor|prosecution]]'s case prior to trial, and is generally made by means of [[Motion (legal)#Motion to dismiss|motion to dismiss]].