601:1 Indictments, Necessity. – No person shall be tried for any offense, the punishment of which may be death or imprisonment for more than one year, unless upon an indictment found against such person by the grand jury of the county or judicial district thereof in which the offense is committed or is triable. […]
[RSA 601:2 effective until January 1, 2024; see also RSA 601:2 set out below.] 601:2 Waiving Indictment. – Any person who has been committed by a justice for trial in the superior court upon a complaint charging a crime not punishable by death, and who desires to waive indictment, shall notify the court. Upon […]
601:3 Additional Charges. – If the attorney general or the county attorney desires to charge a defendant making application under RSA 601:2 with a crime or crimes not punishable by death other than a crime charged in the complaint upon which the defendant has been committed, the attorney general or the county attorney may, […]
601:3-a Waiving Indictment in Other Cases. – If there is no provision in RSA 601:2 or 3, any county attorney may charge a person with a felony not punishable by death by preparing a complaint charging such felony and serving the same on the defendant in order that the defendant may have an opportunity […]
601:4 Sufficiency. – An indictment, information or complaint is sufficient if it sets forth the offense fully, plainly, substantially and formally, and it is not necessary to set forth therein the special statute, bylaw or ordinance on which it is founded. Source. 1855, 1699:17. GS 242:10. GL 260:10. PS 253:9. PL 367:8. RL 427:8.
601:5 Charging Intent to Defraud. – When an intent to defraud is necessary to constitute any offense, it is sufficient to allege in the indictment or information such intent generally, and proof of an intent to defraud some person or body corporate is competent to support such indictment or information. Source. RS 225:18. CS […]
601:6 Charging Manner of Death. – In indictments charging any degree of murder, including capital murder, it is not necessary to set forth the manner in which or the means by which the death of the deceased was caused, but it is sufficient in an indictment for murder to charge the culpable mental state […]
601:6-a Joining Charges. – The crime of murder shall not be charged in the same indictment with the offense of concealing the death of a newborn child. Source. 1859, 2221:3. GS 264:6. GL 282:6. PS 278:6. PL 392:7. RL 455:7. RSA 585:7. 1973, 370:5, eff. Nov. 1, 1973.
601:7 Charging Assaults. – It is not necessary, in an indictment for assault and battery, to allege that any preliminary proceedings have been had in the case before a justice or district or municipal court. Source. 1860, 2360. GS 242:12. GL 260:12. PS 253:12. PL 367:11. RL 427:11.
601:8 Formal Errors, etc. – No indictment, complaint, return, process, judgment or other proceeding in any criminal case in the courts or course of justice shall be abated, quashed or reversed for any error or mistake where the person or case may be rightly understood by the court, nor through any defect or want […]
601:9 Lotteries. – In a complaint or indictment in any case arising under RSA 647:1, a lottery may be described as a pretended lottery, which shall be sufficient, whatever the proof may be, and it shall not be necessary to allege or prove, upon trial, who is the owner of the property, nor who […]
