Section 15-8-20 Offenses charged or described as at common law. In an indictment for an offense which was indictable at common law, the offense may be charged or described as at common law, and the defendant, if convicted, must receive the punishment prescribed by the statute. (Code 1852, §570; Code 1867, §4120; Code 1876, §4793; […]
Section 15-8-21 Statutory language unnecessary. Words used in a statute to define an offense need not be strictly pursued in the indictment; it is sufficient to use other words conveying the same meaning. (Code 1852, §569; Code 1867, §4119; Code 1876, §4792; Code 1886, §4370; Code 1896, §4898; Code 1907, §7136; Code 1923, §4531; Code […]
Section 15-8-22 General terms used for special statutory terms. When a statute creating or defining an offense uses special or particular terms, an indictment on it may use the general term which, in common language, embraces the special term. (Code 1852, §571; Code 1867, §4121; Code 1876, §4794; Code 1886, §4372; Code 1896, §4900; Code […]
Section 15-8-23 Manner of stating act constituting offense. The manner of stating the act constituting the offense, as set forth in the forms given in Article 8 of this chapter, is sufficient in all cases in which the forms there given are applicable; in other cases, forms may be used as nearly similar as the […]
Section 15-8-24 When alleged act done in public place suffices. When, to constitute the offense, an act must be done in a public place, and such public place is not more particularly defined in the statute, it is sufficient to allege in an indictment that the act was done “in a public place” generally. (Code […]
Section 15-8-25 How facts constituting offense to be stated. An indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in such a manner as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, […]
Section 15-8-26 Charging of unknown facts. Any fact which is unknown to the grand jury and which is not a material ingredient of the offense may be so charged in the indictment. (Code 1852, §566; Code 1867, §4116; Code 1876, §4789; Code 1886, §4377; Code 1896, §4905; Code 1907, §7143; Code 1923, §4538; Code 1940, […]
Section 15-8-27 Allegation of unknown means. When the means by which the offense was committed are unknown to the grand jury and do not enter into the essence of the offense, the indictment may allege that they are unknown to the jury. (Code 1852, §567; Code 1867, §4117; Code 1876, §4790; Code 1886, §4378; Code […]
Section 15-8-28 Name of defendant when unknown. The indictment must be certain as to the person charged; but when his name is unknown to the grand jury, it may be so alleged without further identification. (Code 1852, §563; Code 1867, §4113; Code 1876, §4786; Code 1886, §4376; Code 1896, §4904; Code 1907, §7142; Code 1923, […]
Section 15-8-29 General allegation of intent to injure or defraud. When an intent to injure or defraud is necessary to constitute an offense, it is sufficient to allege in an indictment an intent to injure or defraud generally, without naming the particular person, corporation or government intended to be injured or defrauded. (Code 1852, §576; […]
Section 15-8-30 Statement of time. It is not necessary to state the precise time at which an offense was committed in an indictment; but it may be alleged to have been committed on any day before the finding of the indictment, or generally before the finding of the indictment, unless time is a material ingredient […]
Section 15-8-31 Allegation of venue unnecessary; proof of same at trial. It is not necessary to allege where the offense was committed in an indictment; but it must be proved, on the trial, to have been committed within the jurisdiction of the county in which the indictment is preferred. (Code 1852, §564; Code 1867, §4114; […]
Section 15-8-32 Statement of legal presumptions and matters judicially known unnecessary. Presumptions of law and matters of which judicial notice is taken need not be stated in an indictment. (Code 1852, §568; Code 1867, §4118; Code 1876, §4791; Code 1886, §4379; Code 1896, §4907; Code 1907, §7145; Code 1923, §4540; Code 1940, T. 15, §243.)
Section 15-8-33 How ownership of property alleged. When any property, upon or in relation to which an offense was committed, belongs to several partners or owners, it is sufficient to allege in an indictment the ownership to be in any one or more of such partners or owners; or when the property is quasi-public property […]
Section 15-8-34 Description of animal in indictment for offense concerning same. In an indictment for the larceny of any animal or for any other public offense committed in reference to any animal, it is sufficient to describe the animal by such name as, in common understanding, embraces it, without designating its sex. (Code 1852, §588; […]
Section 15-8-35 Indictment for forgery of instrument destroyed or withheld. In an indictment for the forgery of an instrument which has been destroyed or withheld by the act or procurement of the defendant, if that fact is alleged in the indictment, a misdescription of the instrument is immaterial. (Code 1852, §581; Code 1867, §4131; Code […]
Section 15-8-36 Perjury and subornation of perjury; indictment. In an indictment for perjury or subornation of perjury, it is not necessary to set forth the pleadings, record or proceedings with which the false oath is connected or the commission or authority of the court or persons before whom the perjury was committed; it is sufficient […]
