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 accurately stated;
(2) that it was found by a grand jury of the county in which the court was held;
(3) that the defendant is named, or, if the name cannot be discovered, is described by a fictitious name, with the statement that the defendant has refused to discover the real name;
(4) that the offense was committed at some place within the jurisdiction of the court, except where, as provided by law, the act, though done without the local jurisdiction of the county, is triable therein;
(5) that the offense was committed at some time prior to the time of finding the indictment;
(6) that the act or omission charged as the offense is clearly and distinctly set forth, in ordinary and concise language, without repetition;
(7) that the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to pronounce judgment, upon a conviction, according to the right of the case.
Notes of Decisions
Cited in
15
cases, 1945–2002 · leading case:
State v. Serstock, 402 N.W.2d 514 (Minn. 1987).
State v. Serstock, 402 N.W.2d 514 (Minn. 1987).
· cites it 12× “2, and Minn.Stat. § 628.18 (1986). The Court of Appeals affirmed the trial court decision with respect to Counts I and II, holding that those counts failed to state an offense.”
State v. Bias, 419 N.W.2d 480 (Minn. 1988).
· cites it 2× “Under Minn.Stat. § 628.18(6) (1986), an indictment is sufficient if it meets the requirements of Rule 17.”
McCollum v. State, 640 N.W.2d 610 (Minn. 2002).
· cites it 2× “See Minn.Stat. § 628.18 (2000); Minn. R.Crim.”
State v. Serstock, 390 N.W.2d 399 (Minn. Ct. App. 1986).
· cites it 8× “Minn.Stat. § 628.18 (1984). Count III of the indictment alleges that Serstock, in his capacity as Deputy City Attorney for the City of Minneapolis, dismissed or manipulated "numerous" tickets for moving violations issued outside the City of Minneapolis, without the consent of…”
State v. Cantrell, 18 N.W.2d 681 (Minn. 1945).
· cites it 4× “1927, §§ 10639 to 10642), as qualified by § 628.18 (§ 10647) thereof; and “3. That more than one offense is charged in the indictment and that said joinder of offenses is not one allowed by statute.”
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. Mastrian, 171 N.W.2d 695 (Minn. 1969).
· cites it 2× “The indictment returned against defendant charged that he— “* * * with a premeditated design * * * did kill and murder * * * Carol Thompson by means of * * * a gun * * * by striking and beating the said Carol Thompson with said gun, and by means of a * * * knife * * * by then…”
State v. Britt, 156 N.W.2d 261 (Minn. 1968).
· cites it 3× “13, as qualified by section 628.18, or was not found within the time prescribed therein; “(3) That more than one offense is charged in the indictment, except in cases where it is allowed by statute; “(4) That the facts stated do not constitute a public offense.”
State v. Suess, 52 N.W.2d 409 (Minn. 1952).
“12, as qualified by § 628.18, is all that is required. State v.”
State v. Perra, 125 N.W.2d 44 (Minn. 1963).
· cites it 2× “13, as qualified by section 628.18, or was not found within the time prescribed therein; “(3) That more than one offense is charged in the indictment, except in cases where it is allowed by statute; “(4) That the facts stated do not constitute a public offense; “(5) That the…”
State v. Oman, 121 N.W.2d 616 (Minn. 1963).
“10 that an indictment shall contain “A statement of the acts constituting the offense, in ordinary and concise language, without repetition.”
State v. Rupp, 393 N.W.2d 496 (Minn. Ct. App. 1986).
· cites it 2× “See Minn. Stat. § 628.18 (6) (1984); see also Minn.”
— Minn. Stat. § 628.18(6) — 2 cases
State v. Bias, 419 N.W.2d 480 (Minn. 1988).
“Under Minn.Stat. § 628.18(6) (1986), an indictment is sufficient if it meets the requirements of Rule 17.”
State v. Grose, 387 N.W.2d 182 (Minn. Ct. App. 1986).
“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…”
— Minn. Stat. § 628.18(7) — 1 case
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