INFORMATION. In French Law. The act or instrument which contains the depositions of witnesses against the aceused. POthier, Proc. Civ. sect. 2, art. 5.
In Practice. A complaint or accusation exhibited against a person for some criminal offence. 4 Blackstone, Comm. 308.
It differs in no respect from an indictment in its' form and substance, except that it is filed at the mere discretion of tho proper law officer of the government, ex officio, without the intervention of a grand jury. 4 Blackstone, Comm. 303. The process has not been formally put in motion by congress for misdemeanors, but is common in civil'• prosecutions for penalties and forfeitures. 3 Story, Const. 659. The information is usually made upon knowledge given by some other person than the officer, called the relator.
2. Under United States laws; informations are resorted to for illegal exportation of goods, 1 Gall. C. C. 3 ; in cases of smug gling, 1 Mass. e. e. 482; and a libel for seizure is in the nature of an information. 3 Wash. C. C. 464; 1 Wheat. 9; 9 id. 381. The provisions of the U. S. constitution have been held to apply only to the proceedings in the federal courts.
In Connecticut, informations may be made by the attorneys of the state in their respect ive counties for all crimes not punishable with death or imprisonment for life. Rev. Stat. 1854, c. 12, 155.
In Louisiana; at the option of the state: 14 La. Ann. 364.
In Massachusetts, all misdemeanors less than felonies may be prosecuted by informa tion. 5 Mass. 257; 81 Gray, Mass. 329.
In Missouri, for misdemeanors. 29 Mo. 330.
In New Hampshire, an information lies in all cases not punishable by death or confine ment at hard labor. Rev. Stat. 457.
In New York, it lies for all crimes not infamous or punishable capitally. N. Y. Const. art. 1, 6.
In Pennsylvania and South Carolina, an information cannot be brought where any indictment lies. Penn. Const. art. f 10; 1 M'Cord, So. C. 35.
In Vermont, the state's attorney may prose cute by information all crimes not capital and for which the does not ex ceed seven years in the state prison. Vt. Rev. Stat. c. 3, 1.
In Virginia, an information cannot be used for felonies or in any case except by leave of the court and where the accused fails to show cause to the contrary. Va. Code, c. 207, 2.
3. An information is sufficiently formal if it follows the words of the statute, 9 Wheat. 381 ; 14 Conn. 487 ; but enough must appear to show whether it is found under the statute or at common law. 3 Day, Conn. 103. It must, however, allege the offence with suffi cient fulness and accuracy, 10 Ind. 404, and must show all the facts demanding a forfeit ure, as in o. penal action, when it is to re cover a penalty. 4 Mass. 462; 10 Conn. 461. Where it is for a first offence, the fact need not he stated, 9 Conn. 560; otherwise, where it is for a second or subsequent offence for which an additional penalty is provided. 2 Mete. Mass. 408. It cannot be amended by adding charges. 1 Dan. Ky. 466.
A part of the defendants may he acquitted and a part convicted, 1 Root, Conn. 226; and a conviction may be of the whole or a part of the offence charged. 4 Mass. 137. In some states it is a proceeding by the state officer, filed at his own discretion, 9 N. H. 468; 6 Ind. 281 ; 4 Wisc. 567; in others,.leave of court may be granted to use the state officer's name to any relator, upon cause shown. 7 Halst. N.J. 84; 2 Dall. Penn. 112 ; 1 M'Cord, So. C. 35, 52.