PART I.

CRIMES AND OFFENSES.

INDIANA CRIMINAL LAW.

PART L

CRIMES AND OFFENSES.

CHAPTER I.-GENERAL FORMS AND PROVISIONS.

II.-OFFENSES AGAINST THE PERSON.
III.-OFFENSES AGAINST PROPERTY.

IV. OFFENSES AGAINST SOCIETY.

V.-OFFENSES IN WHICH TRIAL PARTAKES OF BOTH CRIM

The grand jurors for the county of Spencer and State of Indiana, upon their oath, present and charge that John Jones, on the fifteenth day of May, in the year 1875, at said county, feloniously, purposely, and with premeditated malice, unlawfully killed and murdered James Wilson, by then and there feloniously, purposely, and with premeditated malice, shooting and mortally wounding the said James Wilson with a certain pistol, which he, the said John Jones, then and there had and held in his hands, and shot off and discharged at, against,

Indictment-General Form.

to, and upon the said James Wilson, and which pistol was then and there loaded with gunpowder and a leaden bullet; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Indiana.

A. B., Prosecuting Attorney.

[If it is desired to add one or more counts, continue:] And the jurors aforesaid, upon their oath aforesaid, do further present and charge that the said John Jones, on, etc.

THE CAPTION.

When a record of the indictment is required to be sent to the supreme or other court, the clerk of the court in which the indict ment is found prefixes a statement comprehending the judicial history of the cause to the time of finding the indictment. The following form of caption is given by Bicknell:

STATE OF INDIANA,

of the

COUNTY OF MONROE.

Be it remembered, that at the regular term of the Monroe Circuit Court, begun and held at the court-house, in Bloomington, on the day of, A. D. 18-, before the honorable —, judge circuit, and ex officio judge of said Monroe Circuit Court, the following proceedings were had, to wit: [Then follow the necessary entries on the record, and a copy of the indictment, etc.] Bicknell's Crim. Pr. 89, 90.

FORM AND CONTENTS OF INDICTMENT.

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 facts constituting the offense, in plain and concise language, without repetition. 2 R. S. 383, secs. 54, 55; Buskirk's Crim. Pr. 389, and cases cited.

Time. The precise time of the commission of an offense need not be stated in an indictment or information; but it is sufficient, if shown to have been within the statute of limitations, except where the time is an indispensable ingredient in the offense. 2 R. S. 386, sec. 56; 7 Ind. 160; 6 Black f. 533; 8 Id. 195.

Under the code, as at common law, an indictment must charge