INDICTMENT. In Criminal Prac tice. A written accusation against one or more persons of a crime or misdemeanor, pre sented to, and preferred upon oath or affirma tion by, a grand jury legally convoked. 4 Blackstone, Comm. 299 ; Coke, Litt. 126 ; 2 Hale, Pl. Cr. 152; Bacon, Abr.; Comyns, Dig.; 1 Chitty, Crim. Law, 168.
An accusation at the suit of the crown, found to be true by the oaths of a grand jury.
A written accusation of a crime presented upon oath by a grand jury.
The word is said to be derived from the old French word inditer, which signifies to indicate, to show, or point out. Its object is to indicate the of fence charged against the accused. Rey, des Inst. l'Angl. tome 2, p. 347.
2. The essential requisites of a valid indict ment that the indictment be pre sented to some court havingjurisdiction of the offence stated therein ; second, that it appear to have been found by the grand jury of the proper county or district; third, that the in dictment be found a true bill, and signed by the foreman of the grand jury; fourth, that it be framed with sufficient certainty; for this purpose the charge must contain a certain description of the crime or misdemeanor of which the defendant is accused, and a state ment of the facts by which it is constituted, so as to identify the accusation, Cowp. 682; 2 Hale, Pl. Cr. 167; Binn. Penn. 201; 3 id. 533; 4 Serg. & R. Penn,, 194; 6 id. 398; 4 Sharswood, Blackst. Comm. 30] ; 4 Cranch, 167; the indictment must be in the English language. But if any document in a foreign language, as a libel, be necessarily introduced, it should be set out in the original tongue, and then translated, showing its ap plication. 6 Term, 162.
3. The formal requisites are,—first, that the venue, which at common law should always be laid in the county where the offence has been committed, although the charge be in its nature transitory, as a battery. Hawkins, P1. Cr. b. 2, c. 25, s. 35. The venue is stated in the margin thus: " City and county of—, to wit." Second,
the presentment, which must be in the present tense, and is usually expressed by the follow ing formula: " the grand inquest of the com monwealth of —, inquiring for the city and county aforesaid, upon their oaths and affirmations present." See, as to the venue, 1 Ark. 171 ; 9 Yerg. Tenn.357 ; 6 Mete. Mass. 225. Third, the name and addition of the defendant; but in case an error has been made in this respect, it is cured by the plea of the defendant. Bacon, Abr. Misnomer (B), Indictment (G 2); 2 Hale, P1. Cr. 175; 1 Chitty, Pract. 202; Russ. &R. 489. Fourth, the names of third persons, when they must be necessarily mentioned in the indictment, should he stated with certainty to a common intent, so as sufficiently to inform the de fendant who are his accusers. When, how ever, the names of third persons cannot be ascertained, it is sufficient, in some cases, to state " a certain person or persons to the jurors aforesaid unknown." IIawkins, P1. Cr. b. 2, c. 25, s. 71 ; 2 East, Pl. Cr. 651, 781; 2 Hale, P1. Cr. 181 ; Plowd. 85 ; Dy. 97, 286; 8 Carr. & P.773. Fifth, the tintewhen the offeneewas committed should, in general, be stated to be on a specific year and day. In some offences, as in perjury, the day must be precisely stated, 2 Wash. C. C. 328; but although it is necessary that a day certain should be laid in the indictment, yet, in general, the prose cutor may give evidence of an offence com mitted on any other day previous to the find ing of the indictment. 5 Serg. & R. Penn. 316. See 11 Serg. & R. Penn. 177 ; 1 Chitty, Crim. Law, 217, 224; 1 Chitty, Plead. Index, Time; 17 Wend. N. Y. 475 ; 2 Dev. No. C. 567 ; 6 Miss. 14 ; 4 Dan. Ky. 496 ; 1 Cam. & N. No. C. 369; 1 Hawks, No. C. 460. Sixth, the offence should be properly described. This is one by stating the substantial circumstances necessary to show the nature of the crime, and, next, the formal allegations and terms of art required by law.