US Laws, Codes, Statutes & Cases

     628.18 Tests of sufficiency. 

    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. 

    HIST: (10647) RL s 5305; 1979 c 233 s 29; 1986 c 444 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.