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32 Howard L.J. 207 (1989)
Sufficiency of an Indictment or Information When Charged with a Crime

handle is hein.journals/howlj32 and id is 223 raw text is: Sufficiency of an Indictment or Information When Charged with a Crime INTRODUCTION The objective of this article is to identify the tests that are used by courts when evaluating the sufficiency of an indictment or information. An indictment or information is an accusation in writing by either a grand jury or prosecuting attorney charging that a person named therein has either done some act or omitted to do some act which by law is a public offense.' However, if an indictment or information is not specific enough to allow a defendant to properly defend himself in a court of law and bar subse- quent prosecution, the court will rule the indictment or information insuffi- cient; thus, the charge will fail. An indictment is initiated by a prosecuting attorney and outlines the findings of a grand jury.2 An information is a written accusation by a prose- cutor without intervention of a grand jury.3 An offense punishable by death must be prosecuted by indictment,4 whereas an offense punishable by impris- onment for a term exceeding one year is prosecuted by an indictment or if the indictment is waived, prosecuted by an information.5 Rules governing prosecutions by information in the United States are virtually identical with those governing prosecutions by indictment.6 Pursu- ant to the sixth amendment to the United States Constitution, the accused 1. BLACK'S LAW DICTIONARY 695 (5th ed. 1979). 2. Grin v. Shine, 187 U.S. 181 (1902) (The court established that an indictment is a technical word peculiar to Anglo-Saxon jurisprudence, and implies the findings of a grand jury.). Id. at 192. 3. Territory v. Lockwood, 70 U.S. (3 Wall) 236 (1865) (The court held that in English courts an information for an offense differs from an indictment, chiefly in the fact that it is presented by the law office of the crown without the intervention of a grand jury.). Id. at 238. 4. FED. R. CRIM. P. 7(a) provides: An offense which may be punished by death shall be prosecuted by indictment. An offense which may be punished by imprisonment for a term exceeding one year shall be prosecuted by indictment or, if indictment is waived, it may be prosecuted by informa- tion. Any other offense may be prosecuted by indictment or information. An informa- tion may be filed without leave of court, but in the case of a person arrested without a warrant, he shall be brought before the court and charged forthwith by information or complaint or he shall be discharged. 5. Id. 6. Caples v. State, 3 Okla. Crim. 72, 104 P. 493 (Okla. Crim. App. 1909) (The court recog- nized that the rules governing prosecutions by information to be identical with those governing prosecutions by indictment.). Id. at 500.

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