Definition of INDICTMENT


INDICTMENT

he offence,
that no other terms, however synonymous they may seem, are capable
of filling the same office: such, for example, as traitorously, (q.
v.) in treason; feloniously, (q. v.) in felony; burglariously, (q.
v.) in burglary; maim, (q. v.) in mayhem, &c. 7th. The conclusion
of the indictment should conform to the provision of the
constitution of the state on the subject, where there is such
provision; as in Pennsylvania, Const. art. V., s. 11, which
provides, that " all prosecutions shall be carried on in the name
and by the authority of the commonwealth of Pennsylvania, and
conclude against the peace and dignity of the same." As to the
necessity and propriety of having several counts in an indictment,
vide 1 Chit. Cr. Law, 248; as to. joinder of several offences in
the same indictment, vide 1 Chit. Cr. Law, 253; Arch. Cr. Pl. 60;
several defendants may in some cases be joined in the same
indictment. Id. 255; Arch. Cr. Pl. 59. When an indictment may be
amended, see Id. 297 .Stark. Cr. Pl. 286; or quashed, Id. 298
Stark. Cr. Pl. 831; Arch. Cr. 66. Vide; generally, Arch. Cr. Pl. B.
1, part 1, c. 1; p. 1 to 68; Stark. Cr. Pl. 1 to 336; 1 Chit. Cr.
Law, 168 to 304; Com. Dig. h. t.: Vin. Ab. h. t.; Bac. Ab. h. t.;
Dane s Ab. h. t.; Nels. Ab. h. t.; Burn s Just. h. t.; Russ. on Cr.
Index, h. t.,


5. By the Constitution of the United States, Amendm. art. 5, no
person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a grand jury,
except in cases arising in the land or naval forces, or in the
militia, when in actual service in time of war, or public danger.

Source: Bouviers Law Dictionary 1856 Edition
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