Minnesota Statutes

Minn. Stat. § 628.12 (2026)

Requirements Of Indictment

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 6 cases, 1945–1987 · leading case: State v. Grose, 387 N.W.2d 182 (Minn. Ct. App. 1986).

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State v. Grose, 387 N.W.2d 182 (Minn. Ct. App. 1986). · cites it 2× “Insufficient Indictments The introductory paragraph in the Colleen Patrick indictment recites that regarding the events immediately following the injury during treatment, and regarding training and instruction of the amount of care required for Michael Patrick “some of the…”

State v. Suess, 52 N.W.2d 409 (Minn. 1952). “A conformation to the requirements of § 628.12, as qualified by § 628.18, is all that is required.”

State v. Byman, 410 N.W.2d 921 (Minn. Ct. App. 1987). · cites it 2× “Minn.Stat. § 628.12 (1986) lists requirements of an indictment as follows: 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…”

State v. Cantrell, 18 N.W.2d 681 (Minn. 1945). “” And in § 628.12 as folloAvs: “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.”

State v. Britt, 156 N.W.2d 261 (Minn. 1968). “23(2) are as follows: § 628.12 provides: “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.”

State v. LaValla, 153 N.W.2d 135 (Minn. 1967). “The indictment overlooks the requirement of § 628.12 that it “shall be direct and certain as it regards: * * * The particular circumstances of the offense charged, when they are necessary to constitute a complete offense,” and of § 628.”

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