TITLE 19

CRIMINAL PROCEDURE

CHAPTER 14

INDICTMENT

19-1418.  Sufficiency of indictment. The indictment is sufficient if it can be understood therefrom:

1.  That it is entitled in a court having authority to receive it, though the name of the court be not stated.

2.  That it was found by a grand jury of the county in which the court was held.

3.  That the defendant is named, or, if his name cannot be discovered that he is described by a fictitious name, with a statement that his true name is to the jury unknown.

4.  That the offense was committed at some place within the jurisdiction of the court, except where the act, though done without the local jurisdiction of the county, is triable therein.

5.  That the offense was committed at some time prior to the time of finding the indictment.

6.  That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.

7.  That the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to pronounce judgment upon conviction, according to the right of the case.

History:

[(19-1418) Cr. Prac. 1864, sec. 242, p. 243; R.S., R.C., & C.L., sec. 7686; C.S., sec. 8834; I.C.A., sec. 19-1318.]