Title 15

The words used in an indictment must be construed in their usual acceptation in common language, except words and phrases defined by law, which must be construed according to their legal meanings. (Code 1852, §578; Code 1867, §4128; Code 1876, §4801; Code 1886, §4369; Code 1896, …

In an indictment for an offense which was indictable at common law, the offense may be charged or described as at common law, and the defendant, if convicted, must receive the punishment prescribed by the statute. (Code 1852, §570; Code 1867, §4120; Code 1876, §4793; Code 1886, §…

Words used in a statute to define an offense need not be strictly pursued in the indictment; it is sufficient to use other words conveying the same meaning. (Code 1852, §569; Code 1867, §4119; Code 1876, §4792; Code 1886, §4370; Code 1896, §4898; Code 1907, §7136; Code 1923, §453…

When a statute creating or defining an offense uses special or particular terms, an indictment on it may use the general term which, in common language, embraces the special term. (Code 1852, §571; Code 1867, §4121; Code 1876, §4794; Code 1886, §4372; Code 1896, §4900; Code 1907,…

The manner of stating the act constituting the offense, as set forth in the forms given in Article 8 of this chapter, is sufficient in all cases in which the forms there given are applicable; in other cases, forms may be used as nearly similar as the nature of the case and the ru…

When, to constitute the offense, an act must be done in a public place, and such public place is not more particularly defined in the statute, it is sufficient to allege in an indictment that the act was done “in a public place” generally. (Code 1852, §572; Code 1867, §4122; Code…

An indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in such a manner as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on…

Any fact which is unknown to the grand jury and which is not a material ingredient of the offense may be so charged in the indictment. (Code 1852, §566; Code 1867, §4116; Code 1876, §4789; Code 1886, §4377; Code 1896, §4905; Code 1907, §7143; Code 1923, §4538; Code 1940, T. 15, §…

When the means by which the offense was committed are unknown to the grand jury and do not enter into the essence of the offense, the indictment may allege that they are unknown to the jury. (Code 1852, §567; Code 1867, §4117; Code 1876, §4790; Code 1886, §4378; Code 1896, §4906;…

The indictment must be certain as to the person charged; but when his name is unknown to the grand jury, it may be so alleged without further identification. (Code 1852, §563; Code 1867, §4113; Code 1876, §4786; Code 1886, §4376; Code 1896, §4904; Code 1907, §7142; Code 1923, §45…

When an intent to injure or defraud is necessary to constitute an offense, it is sufficient to allege in an indictment an intent to injure or defraud generally, without naming the particular person, corporation or government intended to be injured or defrauded. (Code 1852, §576; …

It is not necessary to state the precise time at which an offense was committed in an indictment; but it may be alleged to have been committed on any day before the finding of the indictment, or generally before the finding of the indictment, unless time is a material ingredient …

It is not necessary to allege where the offense was committed in an indictment; but it must be proved, on the trial, to have been committed within the jurisdiction of the county in which the indictment is preferred. (Code 1852, §564; Code 1867, §4114; Code 1876, §4787; Code 1886,…

Presumptions of law and matters of which judicial notice is taken need not be stated in an indictment. (Code 1852, §568; Code 1867, §4118; Code 1876, §4791; Code 1886, §4379; Code 1896, §4907; Code 1907, §7145; Code 1923, §4540; Code 1940, T. 15, §243.)

When any property, upon or in relation to which an offense was committed, belongs to several partners or owners, it is sufficient to allege in an indictment the ownership to be in any one or more of such partners or owners; or when the property is quasi-public property or belongs…

In an indictment for the larceny of any animal or for any other public offense committed in reference to any animal, it is sufficient to describe the animal by such name as, in common understanding, embraces it, without designating its sex. (Code 1852, §588; Code 1867, §4138; Cod…

In an indictment for the forgery of an instrument which has been destroyed or withheld by the act or procurement of the defendant, if that fact is alleged in the indictment, a misdescription of the instrument is immaterial. (Code 1852, §581; Code 1867, §4131; Code 1876, §4804; Co…

In an indictment for perjury or subornation of perjury, it is not necessary to set forth the pleadings, record or proceedings with which the false oath is connected or the commission or authority of the court or persons before whom the perjury was committed; it is sufficient to s…

When an offense may be committed by different means or with different intents, such means or intents may be alleged in an indictment in the same count in the alternative. (Code 1852, §573; Code 1867, §4123; Code 1876, §4796; Code 1886, §4383; Code 1896, §4911; Code 1907, §7149; C…

When an act is criminal, if producing different results, such results may be charged in an indictment in the same count in the alternative. (Code 1852, §574; Code 1867, §4124; Code 1876, §4797; Code 1886, §4384; Code 1896, §4912; Code 1907, §7150; Code 1923, §4545; Code 1940, T. …

When offenses are of the same character and subject to the same punishment, the defendant may be charged in an indictment with the commission of either in the same count in the alternative. (Code 1852, §575; Code 1867, §4125; Code 1876, §4798; Code 1886, §4385; Code 1896, §4913; …

All indictments must be presented to the court by the foreman of the grand jury in the presence of at least 11 other jurors, must be endorsed “filed” and must have the endorsement dated and signed by the clerk; but no entry of an indictment found must be made on the minutes, nor …

In all criminal cases in the circuit court in which a capias or warrant of arrest has issued for two terms and has been returned “not found,” the district attorney may, by leave of the court, withdraw and file the indictment, with leave to reinstate the same when the ends of just…

(a) The clerk of the court in which indictments are returned shall, forthwith and without allowing them to be taken out of his custody or control, record the same, with the endorsement thereon, in a well-bound book which shall be properly indexed and kept secret, as indictments a…

An indictment may be amended, with the consent of the defendant entered of record, when the name of the defendant is incorrectly stated or when any person, property or matter therein stated is incorrectly described. (Code 1852, §593; Code 1867, §4143; Code 1876, §4816; Code 1886,…

If the defendant will not consent to such amendment of an indictment, the prosecution may be dismissed at any time before the jury retires as to the count in the indictment to which the variance applies, and the court may order another indictment to be preferred at a subsequent t…

When an indictment is lost, mislaid or destroyed, the court may, on satisfactory proof thereof, order another indictment to be preferred at the session at which such proof is made or at a subsequent session, in which case an entry of record must be made to the effect following: “…

When it is shown to the court that an original indictment, recorded as required by law, has been lost, destroyed or so mutilated as to be illegible, the court shall direct the clerk to make and certify a copy thereof from such record, upon which the defendant may be arraigned and…

An indictment must not be quashed, dismissed, discontinued or abandoned without the permission of the court, and such permission must be entered of record. (Code 1852, §599; Code 1867, §4150; Code 1876, §4823; Code 1886, §4393; Code 1896, §4921; Code 1907, §7159; Code 1923, §4554…

When a judgment is arrested or an indictment quashed on account of any defects therein, because it was not found by a grand jury regularly organized, because it charged no offense or for any other cause, the court may order another indictment to be preferred for the offense charg…

The forms of indictment set forth in this section in all cases in which they are applicable, are sufficient, and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The grand jury of said county charge that, before the finding of this i…