Title Minnesota Statutes, Minnesota Statutes

628.12 REQUIREMENTS OF INDICTMENT. The indictment shall be direct and certain as it regards: (1) the party charged; (2) the offense charged; (3) the particular circumstances of the offense charged, when they are necessary to constitute a complete offense. History: (10641) RL s 52…

628.13 FICTITIOUS NAME. When a defendant shall be indicted by a fictitious or erroneous name, and in any stage of the proceedings the true name shall be discovered, it may be inserted in the subsequent proceedings, referring to the fact of the defendant's being indicted by the na…

628.15 TIME, HOW STATED. The precise time at which the offense was committed need not be stated in the indictment, but may be alleged to have been committed at any time before the finding thereof, except where the time shall be a material ingredient in the offense. History: (1064…

628.16 ERRONEOUS ALLEGATION AS TO PERSON INJURED. When the offense shall involve the commission of, or an attempt to commit, a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to person injured, or intend…

628.17 WORDS OF STATUTE NEED NOT BE FOLLOWED. Words used in the statutes to define a public offense need not be strictly pursued in the indictment, but other words conveying the same meaning may be used. History: (10646) RL s 5304

628.18 TESTS OF SUFFICIENCY. The indictment shall be sufficient if it is drafted in accordance with the provisions of rule 17.02 of the Rules of Criminal Procedure and if it can be understood therefrom: (1) that it is entitled in a court having authority to receive it, though the…

628.20 JUDGMENT, HOW PLEADED. In pleading a judgment or other determination of, or proceeding before, a court or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but the judgment or determination may be stated to have been dul…

628.21 PRIVATE STATUTE, HOW PLEADED. In pleading a private statute, or right derived therefrom, it shall be sufficient to refer to the statute by its title and the day of its passage, and the court shall thereupon take judicial notice thereof. History: (10650) RL s 5308

628.22 INDICTMENT FOR CRIMINAL DEFAMATION. An indictment for criminal defamation need not set forth any extrinsic facts for the purpose of showing the application to the party defamed of the defamatory matter on which the indictment is founded, but it shall be sufficient to state…

628.23 MISDESCRIPTION OF FORGED INSTRUMENT. When an instrument which is the subject of an indictment for forgery has been destroyed or withdrawn by the act or procurement of the defendant, and the fact of the destruction or withholding shall be alleged in the indictment and estab…

628.24 INDICTMENT FOR PERJURY. In an indictment for perjury or subornation of perjury, it shall be sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and what court or before whom the oath alleged to be false was take…

628.25 COMPOUNDING FELONY INDICTABLE. A person may be indicted for having, with the knowledge of the commission of a public offense, taken money or property of another, or a gratuity or reward, or an engagement or promise therefor, upon an agreement or understanding, express or i…

628.26 LIMITATIONS. (a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed. (b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the c…

628.27 THEFT BY CLERKS, AGENTS; EVIDENCE. In any prosecution for the theft of money, bank notes, checks, drafts, bills of exchange, or other security for money, of any person, by a clerk, agent, or servant of such person, it shall be sufficient to allege generally in the indictme…

628.28 EVIDENCE OF OWNERSHIP. In the prosecution of any offense committed upon, or in relation to, or in any way affecting real estate, or any offense committed in stealing, destroying, injuring, or fraudulently receiving or concealing any money, goods, or other personal estate, …

628.41 GRAND JURIES; MEMBERS; QUORUM; COMPENSATION. § Subdivision 1.Definition. A grand jury is a body of persons returned at stated periods from the citizens of the county, or counties as provided in subdivision 2, before a court of competent jurisdiction, chosen by lot, and swo…

628.48 FAILURE TO REPORT; ATTACHMENT. Every grand and petit juror drawn and summoned to attend and serve at any term of a district court shall report to such court at the time and place designated in such summons. A failure to so report shall constitute contempt of court. On the …

628.54 CAUSES OF OBJECTION TO JUROR; HOW TRIED; DECISION ENTERED. An objection to an individual grand juror may be based on the cause that the grand juror: (1) is less than 18 years of age; (2) is not a citizen of the United States; (3) has not resided in this state 30 days; (4) …

628.56 FOREPERSON; JURY SWORN; CHARGE BY COURT. From the persons summoned to serve as grand jurors and appearing, the court shall appoint a foreperson, and it shall also appoint a foreperson whenever one already appointed shall be discharged or excused before such jury is dismiss…

628.57 JURY TO RETIRE; CLERK; DUTIES. The grand jury shall then retire to a private room and inquire into the offenses cognizable by it. It shall appoint one of its number clerk, who shall preserve the minutes of its proceedings, but not of the votes of the individual members on …

628.60 JUROR COMPLAINANT, WHEN. If a member of the grand jury shall know or have reason to believe that a public offense has been committed which is triable in the county, the member shall declare the same to the other jurors, who shall thereupon investigate the same. History: (1…

628.61 MATTERS INQUIRED INTO. The grand jury shall inquire: (1) into the condition of every person imprisoned on a criminal charge triable in the county, and not indicted; (2) into the condition and management of the public prisons in the county; and (3) into the willful and corr…

628.62 ACCESS TO PRISONS AND RECORDS. The grand jury shall be entitled to free access at all reasonable times to the public prisons, and to the examination, without charge, of all public records in the county. History: (10626) RL s 5284

628.63 GRAND JURY; WHO MAY BE PRESENT; COUNTY ATTORNEY TO ATTEND; DUTIES. The grand jury may at all reasonable times ask the advice of the court, or of the county attorney, and the county attorney shall attend it for the purpose of framing indictments or examining witnesses in it…

628.65 MAKE DISCLOSURE, WHEN. Any grand juror may be required by any court to disclose the testimony of any witnesses examined before the grand jury, for the purpose of ascertaining whether it is consistent with that given by the witnesses before the court, or to disclose the tes…

628.66 ACTION NOT TO BE QUESTIONED; EXCEPTION. A grand juror shall not be questioned for anything the juror may say or any vote the juror may give in the grand jury relative to a matter legally pending before the jury, except for a perjury of which the juror may be guilty in maki…

628.68 DISCLOSURE OF TRANSACTIONS OF GRAND JURY. Except as otherwise provided in rule 18.07 of the Rules of Criminal Procedure, every judge, grand juror, county attorney, court administrator, or other officer, who, except in the due discharge of official duty, shall disclose, bef…

628.69 PRETRIAL DIVERSION PROGRAM FOR WRITERS OF DISHONORED CHECKS. § Subdivision 1.Definitions. As used in this section: (1) a person is an "offender" if the person is charged with, or probable cause exists to arrest or charge the person with, a violation of section 609.535, but…