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Refs & Annos

Baldwin's Kentucky Revised Statutes AnnotatedRules of Criminal Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Criminal Procedure
VI Indictment and Information
Kentucky Rules of Criminal Procedure (RCr) Refs & Annos

Editors' Notes

SUPREME COURT COMMENTARY
1962:
1. Existing law
Fundamentals in the law of prosecution of offenses are or were found in the constitution, the statutes and the Criminal Code. The constitutional provisions recognize the indictment and the information (Const 12) as well as the warrant (Const 10), but these provisions are essentially limitational. The statutes provide for the grand jury system (KRS Ch. 29) and contained a miscellaneous section designed to permit the use of the information in lesser offenses (KRS 455.080, now repealed). The Code contained provisions implementing the grand jury system (Cr C 101 to 149) as well as some general provisions on methods of prosecution (Cr C 9 to 12). The general Code provisions were somewhat in conflict with the statute permitting the use of the information, which may explain the relatively infrequent use of the information.
2. General revision of sections
The rules retain a general grouping of sections dealing especially with the indictment, adding parallel provisions for the information. Generally speaking, the rules have been written in terms more flexible and realistic than the present Code, e.g., the shorter form of indictment. All of the provisions dealing with matters of detail have been either revised or eliminated.
3. Effect of revision
The rules remove many sources of trouble in preparation of indictments and encourage use of the information. Technical matters such as errors and joinder are put on the basis of their effect on the substantial rights of the defendant rather than on some less significant matter. The bill of particulars is made a part of the practice. Each item of consideration relating to indictments is made more a matter of practical effect than of simple materiality.
Rules Crim. Proc., Refs & Annos, KY ST RCRP Refs & Annos
Current with amendments received through May 1, 2020.
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