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RCr 6.02 Use of indictment and information

Baldwin's Kentucky Revised Statutes AnnotatedRules of Criminal Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VI Indictment and Information (Refs & Annos)
Kentucky Rules of Criminal Procedure (RCr) Rule 6.02
RCr 6.02 Use of indictment and information
(1) All offenses required to be prosecuted by indictment pursuant to Section 12 of the Kentucky Constitution shall be prosecuted by indictment unless the defendant waives indictment by notice in writing to the circuit court, in which event the offense may be prosecuted forthwith by information.
(2) All other offenses shall be prosecuted by indictment, information, complaint, post-arrest complaint, or, in the case of traffic offenses or fish and wildlife offenses, may be prosecuted by uniform citation.

Credits

HISTORY: Amended by Order 81-5, eff. 9-1-81; adopted eff. 1-1-63

Editors' Notes

SUPREME COURT COMMENTARY
1962:
RCr 6.02 broadens the use of the information by removing the restrictions formerly contained in KRS 455.080, going as far as possible under § 12 of the present Constitution.
At common law an accused can be held to answer for treason, a capital offense, or a felony only on presentment or indictment by a grand jury. 27 Am Jur 58, Indictment and Informations § 5.
Rules Crim. Proc., Rule 6.02, KY ST RCRP Rule 6.02
Current with amendments received through May 1, 2020.
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