Title 10 — Title 10 CRIMINAL PROCEDURE

No pleading other than an indictment, information or complaint shall be required on the part of the state in any criminal proceedings in any court of the state, and when such pleading is in the manner and form as provided by law the defendant shall be required to plead thereto as…

(1) No person shall be held to answer in any court for an alleged crime or offense, unless upon an information filed by the prosecuting attorney, or upon an indictment by a grand jury, except in cases of misdemeanor or gross misdemeanor before a district or municipal judge, or be…

The indictment may be substantially in the following form:State of Washingtonv.A. . . . . . B. . . . . .Superior Court ofthe State ofWashington for theCounty of. . . .A. B. is accused by the grand jury of the . . . . . . . . . ., by this indictment, of the crime of [here i…

The indictment or information is sufficient if it can be understood therefrom—(1) That it is entitled in a court having authority to receive it;(2) That it was found by a grand jury or prosecuting attorney of the county in which the court was held;(3) That the defendant is named,…

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, withou…

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 s 18…

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 fa…

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.]Notes:…

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; 187…

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 227…

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 …

If he or she alleges that another name is his or her true name it must be entered in the minutes of the court, and the subsequent proceedings on the indictment or information may be had against him or her by that name, referring also to the name by which he or she is indicted or …

In answer to the arraignment, the defendant may move to set aside the indictment or information, or he or she may demur or plead to it, and is entitled to one day after arraignment in which to answer thereto if he or she demands it.[ 2010 c 8 s 1039; 1891 c 28 s 50; Code 1881 s 1…

The motion to set aside the indictment can be made by the defendant on one or more of the following grounds, and must be sustained:(1) When any person, other than the grand jurors, was present before the grand jury when the question was taken upon the finding of the indictment, o…

The ground of the motion to set aside the indictment mentioned in the fourth subdivision of RCW 10.40.070 is not allowed to a defendant who has been held to answer before indictment.[Code 1881 s 1047; RRS s 2100. Formerly RCW 10.40.070, part.]

An order to set aside the indictment or information as provided in this chapter shall be no bar to a future prosecution for the same offense.[ 1891 c 28 s 54; Code 1881 s 1050; RRS s 2104.]

If the motion to set aside the indictment [or information] be denied, the defendant must immediately answer the indictment or information, either by demurring or pleading thereto.[ 1891 c 28 s 52; Code 1881 s 1048; RRS s 2102.]

The defendant may demur to the indictment or information when it appears upon its face either—(1) That it does not substantially conform to the requirements of this code;(2) [That] more than one crime is charged;(3) That the facts charged do not constitute a crime;(4) That the in…

If the demurrer is sustained because the indictment or information contains matter which is a legal defense or bar to the action, the judgment shall be final, and the defendant must be discharged.[ 1891 c 28 s 56; Code 1881 s 1052; RRS s 2106. FORMER PART OF SECTION: 1891 c 28 s …

The judgment for the defendant on a demurrer to the indictment or information, except where it is otherwise provided, or for an objection taken at the trial to its form or substance, or for variance between the indictment or information and the proof, shall not bar another prosec…

If the demurrer is overruled the defendant has a right to put in a plea. If he or she fails to do so, judgment may be rendered against him or her on the demurrer, and, if necessary, a jury may be impaneled to inquire and ascertain the degree of the offense.[ 2010 c 8 s 1040; Code…

The plea of guilty can only be put in by the defendant himself or herself in open court.[ 2010 c 8 s 1041; Code 1881 s 1056; RRS s 2110. FORMER PART OF SECTION: Code 1881 s 1057; RRS s 2111, now codified as RCW 10.40.175.]

The plea of not guilty is a denial of every material allegation in the indictment or information; and all matters of fact may be given in evidence under it, except a former conviction or acquittal.[ 1891 c 28 s 59; Code 1881 s 1058; RRS s 2112.]

If the defendant fail or refuse to answer the indictment or information by demurrer or plea, a plea of not guilty must be entered by the court.[ 1891 c 28 s 62; Code 1881 s 1061; 1873 p 232 s 224; 1854 p 116 s 88; RRS s 2115.]

(1) The legislature finds and declares that in many instances involving an individual who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty is entered without the defendant knowing that a conviction of such offen…

When the defendant has been convicted or acquitted upon an indictment or information of an offense consisting of different degrees, the conviction or acquittal shall be a bar to another indictment or information for the offense charged in the former, or for any lower degree of th…

Whenever, upon the trial of any person for a crime, it shall appear that the defendant has already been acquitted or convicted upon the merits, of the same crime, in a court having jurisdiction of such offense in another county of this state, such former acquittal or conviction i…

Whenever, upon the trial of any person for a crime, it appears that the offense was committed in another state or country, under such circumstances that the courts of this state had jurisdiction thereof, and that the defendant has already been acquitted or convicted upon the meri…

No order of dismissal or directed verdict of not guilty on the ground of a variance between the indictment or information and the proof, or on the ground of any defect in such indictment or information, shall bar another prosecution for the same offense. Whenever a defendant shal…

The clerk shall, in preparing the docket of criminal cases, enumerate the indictments and informations pending according to the date of their filing, specifying opposite to the title of each action whether it be for a felony or misdemeanor, and whether the defendant be in custody…

When a defendant is designated in the indictment or information by a fictitious or erroneous name, and in any stage of the proceedings his or her true name is discovered, it may be inserted in the subsequent proceedings, referring to the fact of his or her being indicted or infor…

The court shall decide all questions of law which shall arise in the course of the trial, and the trial shall be conducted in the same manner as in civil actions.[ 1891 c 28 s 70; Code 1881 s 1088; 1873 p 237 s 249; 1854 p 119 s 111; RRS s 2158. FORMER PART OF SECTION: 1891 c 28 …

A continuance may be granted in any case on the ground of the absence of evidence on the motion of the defendant supported by affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it; and also the name and place…

When a defendant is charged with a crime which constitutes a violation of RCW 9A.64.020 or chapter 9.68, 9.68A, or 9A.44 RCW, and the alleged victim of the crime is a person under the age of eighteen years, neither the defendant nor the prosecuting attorney may agree to extend th…

When two or more persons are included in one prosecution, the court may, at any time before the defendant has gone into his or her defense, direct any defendant to be discharged, that he or she may be a witness for the state. A defendant may also, when there is not sufficient evi…

Every person convicted of a crime or held to bail to keep the peace may be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the superior court or before a committing magistrate, a jury fee as provided for in civil actions for which…

No prisoner or person under recognizance who shall be acquitted by verdict or discharged because no indictment is found against him or her, or for want of prosecution, shall be liable for any costs or fees of any officer or for any charge of subsistence while he or she was in cus…

When any person shall be brought before a court or other committing magistrate of any county, city or town in this state, having jurisdiction of the alleged offense, charged with the commission of a crime or misdemeanor, and such complaint upon examination shall appear to be unfo…

In all convictions for felony, whether capital or punishable by imprisonment in the penitentiary, the clerk of the superior court shall forthwith, after sentence, tax the costs in the case. The cost bill shall be made out in triplicate, and be examined by the prosecuting attorney…

Upon the receipt of the cost bill, as provided for in the preceding section, the county auditor shall draw warrants for the amounts due each person, as certified in said cost bill, which warrants shall be paid as other county warrants are paid. On receipt of the certified copy of…

Witnesses may be compelled to attend and testify before the grand jury; and witnesses on behalf of the state, or of the defendant, in a criminal prosecution, may be compelled to attend and testify in open court, if they have been subpoenaed, without their fees being first paid or…

Every person accused of crime shall have the right to meet the witnesses produced against him or her face to face: PROVIDED, That whenever any witness whose deposition shall have been taken pursuant to law by a magistrate, in the presence of the defendant and his or her counsel, …