Title 10, CRIMINAL PROCEDURE

The indictment or information must contain— (1) The title of the action, specifying the name of the court to which the indictment or information is presented and the names of the parties; (2) A statement of the acts constituting the offense, in ordinary and concise language, with…

The indictment or information must be direct and certain as it regards: (1) The party charged; (2) The crime charged; and (3) The particular circumstances of the crime charged, when they are necessary to constitute a complete crime. [ 1891 c 28 s 22; Code 1881 s 1006; 1873 p 225 …

No indictment or information is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of any of the following matters, which were formerly deemed defects or imperfections: (1) For want of an allegation of the time or place of any material f…

When there are several charges against any person, or persons, for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of ha…

When the crime involves the taking of or injury to an animal the indictment or information is sufficiently certain in that respect if it describes the animal by the common name of its class. [ 1891 c 28 s 26; Code 1881 s 1011; 1873 p 226 s 194; 1869 p 241 s 189; RRS s 2062.] Note…

When an instrument which is the subject of an indictment or information for forgery has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information, and established on the trial,…

When the crime involves 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 the person injured or intended to be injured is not material. [Code 1881 s 1010; 18…

In pleading a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state in the indictment or information the facts conferring jurisdiction; but the judgment, determination or proceeding may be stated to have b…

In an indictment or information for larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to che…

An indictment or information for exhibiting, publishing, passing, selling, or offering to sell, or having in possession with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures sh…

In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the crime was committed, and in what court or before whom the oath alleged to be false was taken, and that the cour…

Neither presumptions of law nor matters of which judicial notice is taken need be stated in an indictment or information. [ 1891 c 28 s 31; Code 1881 s 1016; 1873 p 227 s 199; 1869 p 242 s 194; RRS s 2067.]

Words used in a statute to define a crime need not be strictly pursued in the indictment or information, but other words conveying the same meaning may be used. [ 1891 c 28 s 28; Code 1881 s 1013; 1873 p 226 s 196; 1869 p 241 s 191; RRS s 2064.]

In pleading a private statute, or right derived therefrom, it is sufficient to refer, in the indictment or information, to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof. [ 1891 c 28 s 33; Code 1881 s 1018; 1873 p 22…

The words used in an indictment or information must be construed in their usual acceptation, in common language, except words and phrases defined by law, which are to be construed according to their legal meaning. [ 1891 c 28 s 27; Code 1881 s 1012; 1873 p 227 s 195; 1869 p 241 s…