Form of Indictment or Information; Procedure for Criminal

8 GCA § 55.10, under Rules of Pleading.

8 GCA § 55.10

Forfeiture. (a) The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged and shall be signed by the prosecuting attorney. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to such statement. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that he committed it by one or more specified means. (b) The indictment or information shall state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated. Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice. (c) When an offense charged may result in a criminal forfeiture, the indictment or information shall allege the extent of the interest or property subject to forfeiture. NOTE: Chapter 55 refers throughout to the Aindictment or information;@ however, § 15.10 makes clear that where a complaint serves as the accusatory pleading it is subject to all these same rules of pleading. Section 55.10 is substantively the same as Subdivisions (c) and (d) of former Rule 7 and former § 582(c). See also Fed. R. Crim. P. 7(c); Cal. Pen. Code §§ 950-952. See generally 8 Moore, Federal Practice &7.04 (1974); B. Witkin, California Criminal Procedure Proceedings Before Trial §§ 184-200 (1963, Supp. 1973).

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