No indictment, information, complaint or criminal process shall be abated or quashed
for any want of form, or because it omits to allege that the offense was committed
or the act was done “feloniously,” “burglariously,” “willfully,” “maliciously,” or
with “malice aforethought,” “unlawfully,” “negligently,” or with “force and arms,”
or because it omits to characterize similarly the manner of the commission of the
offense, or because it omits to allege the means by which the offense was committed
or omits to allege the time and place of the commission of the offense, unless the
description, characterization, means, time, or place is an essential element of the
offense; provided, that it contains such allegation of the offense that the accused
is informed of the nature and cause of the accusation.
Notes of Decisions
Cited in
4
cases, 1970–1973 · leading case:
State v. Lerner, 308 A.2d 324 (R.I. 1973).
State v. Lerner, 308 A.2d 324 (R.I. 1973).
“1 General Laws 1956 (1969 Reenactment) §12-12-9 reads, in part, as follows: “When an indictment or complaint charges the offense in accordance with the provisions of §§12-12-3 to 12-12-8, inclusive, but fails to inform the defendant of the particulars of the offense sufficiently…”
State v. Raposa, 271 A.2d 306 (R.I. 1970).
· cites it 3× “1956, §12-12-3. While we do not concede that it was error to bring this complaint “in the name and behalf of the State,” it is our opinion that the failure to spell out the name of the state is at most merely a defect in form.”
State v. Ricci, 268 A.2d 692 (R.I. 1970).
“Section 12-12-9 contemplates situations wherein a defendant, by reason of the state’s resort to the statutory provisions for charging offenses in a simplified form, that is, pursuant to §§12-12-3 to 12-12-8, in complaints or indictments, requires further factual information to…”
State v. Harris, 300 A.2d 267 (R.I. 1973).
· cites it 2× “1956 (1969 Reenactment) §§12-12-3, 12-12-6, and 12-12-7, our Legislature established a clear scheme for the protection of indictments when it provided that no indictment * * shall be abated or quashed for any want of form * * * or because it * * * omits to allege the time and…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.