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RCr 6.10 Requisites of indictment or 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 6.10
RCr 6.10 Requisites of indictment or information
(1) The indictment or information shall contain a caption setting forth the name of the court and the names of the parties, and the caption shall be a part of the indictment or information.
(2) The indictment or information shall contain, and shall be sufficient if it contains, a plain, concise and definite statement of the essential facts constituting the specific offense with which the defendant is charged. It need not contain any other matter not necessary to such statement, nor need it negative any exception, excuse or proviso contained in any statute creating or defining the offense charged.
(3) Allegations made in one count may be incorporated by a reference in another count. It may be alleged in any count that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. The indictment or information shall state for each count the official or customary citation of any applicable statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated; but error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to his or her prejudice.
(4) The date on which it was returned in open court shall be endorsed on the indictment by the clerk.

Credits

HISTORY: Amended by Order 98-3, eff. 3-1-99; prior amendments eff. 9-1-81 (Order 81-5), 7-1-79, 1-1-78; adopted eff. 1-1-63

Editors' Notes

SUPREME COURT COMMENTARY
1962:
Provisions with reference to contents of information are new. As to indictments, the basic change in subsection (1), as compared with subsection (1) of Cr C 122, makes the caption a required part of the indictment to avoid having to restate formal requirements in the main part, codifying Dixon v Com, (1941) 288 Ky 57, 155 SW(2d) 455.
Subsection (2) is much like the requirements under federal practice. The last sentence contains provisions like those in CrC 126(2).
Subsection (3) contains several new provisions. They are taken from Fed. Crim. Rule 7(c) and are much like Uniform Code Rule 16.
Subsection (4) makes the provision complete as to all elements.
Caveat: This rule does not imply any change in the necessary elements to be proved and covered by the instructions to the jury.
Rules Crim. Proc., Rule 6.10, KY ST RCRP Rule 6.10
Current with amendments received through May 1, 2020.
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