Section 628.01 — Indictment.

628.01 INDICTMENT. An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offense. History: (10620) RL s 5278; 1979 c 233 s 27

Section 628.02 — Reports By Indictment.

628.02 REPORTS BY INDICTMENT. The grand jury shall inquire into all public offenses committed or triable in the county, and report them to the court by indictment. History: (10621) RL s 5279; 1979 c 233 s 28

Section 628.09 — Indictment Presented, Filed, And Recorded; Effect.

628.09 INDICTMENT PRESENTED, FILED, AND RECORDED; EFFECT. When an indictment is found, it shall be immediately presented by the foreperson, in the presence of the grand jury, to the court, filed with the court administrator, recorded in a book kept for that purpose as soon as the arraignment shall have been made, and remain in […]

Section 628.10 — Indictments; Contents.

628.10 INDICTMENTS; CONTENTS. The first pleading on the part of the state is the indictment, which shall contain: (1) the title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise […]

Section 628.12 — Requirements Of Indictment.

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 5299

Section 628.13 — Fictitious Name.

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 name mentioned in the indictment. History: (10642) RL […]

Section 628.15 — Time, How Stated.

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: (10644) RL s 5302

Section 628.16 — Erroneous Allegation As To Person Injured.

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 intended to be injured, shall not be material. History: (10645) RL […]

Section 628.17 — Words Of Statute Need Not Be Followed.

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

Section 628.18 — Tests Of Sufficiency.

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 name of the court is not […]

Section 628.20 — Judgment, How Pleaded.

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 duly given or made. The facts constituting jurisdiction shall, however, be […]

Section 628.21 — Private Statute, How Pleaded.

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

Section 628.22 — Indictment For Criminal Defamation.

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 generally that the same was published concerning the party defamed, […]

Section 628.23 — Misdescription Of Forged Instrument.

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 established on the trial, the misdescription of the instrument shall […]

Section 628.24 — Indictment For Perjury.

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 taken, and that the court or person […]

Section 628.25 — Compounding Felony Indictable.

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 implied, to compound or conceal the offense, or to abstain […]

Section 628.26 — Limitations.

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 commission of the offense. […]

Section 628.27 — Theft By Clerks, Agents; Evidence.

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 indictment a theft of money to a certain […]

Section 628.28 — Evidence Of Ownership.

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, it shall be sufficient, and shall not be deemed a variance, if […]