Minn. Stat. § 628.01
Indictment
An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offense.
Minnesota Statutes Chapter 628 — Accusation; Charging Instruments
Minnesota · statute · Minn. Stat. ch. 628 · 32 active provisions
Provisions
Minn. Stat. § 628.02
Reports by Indictment
The grand jury shall inquire into all public offenses committed or triable in the county, and report them to the court by indictment.
Minn. Stat. § 628.09
Indictment Presented, Filed, and Recorded; Effect
When an indictment is found, it shall be immediately presented by the foreperson, in the presence of the grand jury, to the court, filed with the court administrator, recorded in a book kept for that purpose as soon as the arraignment shall have been made, and remain in the court administrator's office as a public reco…
Minn. Stat. § 628.10
Indictments; Contents
The first pleading on the part of the state is the indictment, which shall contain: (1) the title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, without repetition…
Minn. Stat. § 628.12
Requirements of Indictment
The indictment shall be direct and certain as it regards: (1) the party charged; (2) the offense charged; (3) the particular circumstances of the offense charged, when they are necessary to constitute a complete offense.
Minn. Stat. § 628.13
Fictitious Name
When a defendant shall be indicted by a fictitious or erroneous name, and in any stage of the proceedings the true name shall be discovered, it may be inserted in the subsequent proceedings, referring to the fact of the defendant's being indicted by the name mentioned in the indictment.
Minn. Stat. § 628.15
Time, How Stated
The precise time at which the offense was committed need not be stated in the indictment, but may be alleged to have been committed at any time before the finding thereof, except where the time shall be a material ingredient in the offense.
Minn. Stat. § 628.16
Erroneous Allegation as to Person Injured
When the offense shall involve the commission of, or an attempt to commit, a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to person injured, or intended to be injured, shall not be material.
Minn. Stat. § 628.17
Words of Statute Need Not Be Followed
Words used in the statutes to define a public offense need not be strictly pursued in the indictment, but other words conveying the same meaning may be used.
Minn. Stat. § 628.18
Tests of Sufficiency
The indictment shall be sufficient if it is drafted in accordance with the provisions of rule 17.02 of the Rules of Criminal Procedure and if it can be understood therefrom: (1) that it is entitled in a court having authority to receive it, though the name of the court is not accurately stated; (2) that it was found by…
Minn. Stat. § 628.20
Judgment, How Pleaded
In pleading a judgment or other determination of, or proceeding before, a court or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but the judgment or determination may be stated to have been duly given or made. The facts constituting jurisdiction shall, however, b…
Minn. Stat. § 628.21
Private Statute, How Pleaded
In pleading a private statute, or right derived therefrom, it shall be sufficient to refer to the statute by its title and the day of its passage, and the court shall thereupon take judicial notice thereof.
Minn. Stat. § 628.22
Indictment for Criminal Defamation
An indictment for criminal defamation need not set forth any extrinsic facts for the purpose of showing the application to the party defamed of the defamatory matter on which the indictment is founded, but it shall be sufficient to state generally that the same was published concerning the party defamed, and the fact t…
Minn. Stat. § 628.23
Misdescription of Forged Instrument
When an instrument which is the subject of an indictment for forgery has been destroyed or withdrawn by the act or procurement of the defendant, and the fact of the destruction or withholding shall be alleged in the indictment and established on the trial, the misdescription of the instrument shall be immaterial.
Minn. Stat. § 628.24
Indictment for Perjury
In an indictment for perjury or subornation of perjury, it shall be sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and what court or before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority…
Minn. Stat. § 628.25
Compounding Felony Indictable
A person may be indicted for having, with the knowledge of the commission of a public offense, taken money or property of another, or a gratuity or reward, or an engagement or promise therefor, upon an agreement or understanding, express or implied, to compound or conceal the offense, or to abstain from a prosecution t…
Minn. Stat. § 628.26
Limitations
(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed. (b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense. (c) Indictments or complaints for…
Minn. Stat. § 628.27
Theft by Clerks, Agents; Evidence
In any prosecution for the theft of money, bank notes, checks, drafts, bills of exchange, or other security for money, of any person, by a clerk, agent, or servant of such person, it shall be sufficient to allege generally in the indictment a theft of money to a certain amount, without specifying any particulars of suc…
Minn. Stat. § 628.28
Evidence of Ownership
In the prosecution of any offense committed upon, or in relation to, or in any way affecting real estate, or any offense committed in stealing, destroying, injuring, or fraudulently receiving or concealing any money, goods, or other personal estate, it shall be sufficient, and shall not be deemed a variance, if it shal…
Minn. Stat. § 628.41
Grand Juries; Members; Quorum; Compensation
Subdivision 1. Definition. A grand jury is a body of persons returned at stated periods from the citizens of the county, or counties as provided in subdivision 2, before a court of competent jurisdiction, chosen by lot, and sworn to inquire as to public offenses committed or triable in the county or counties. It shall…
Minn. Stat. § 628.48
Failure to Report; Attachment
Every grand and petit juror drawn and summoned to attend and serve at any term of a district court shall report to such court at the time and place designated in such summons. A failure to so report shall constitute contempt of court. On the first day of the term fixed for the attendance of either the grand or the peti…
Minn. Stat. § 628.54
Causes of Objection to Juror; How Tried; Decision Entered
An objection to an individual grand juror may be based on the cause that the grand juror: (1) is less than 18 years of age; (2) is not a citizen of the United States; (3) has not resided in this state 30 days; (4) lacks mental capacity; (5) is a prosecutor upon a charge against the defendant; (6) is a witness on the pa…
Minn. Stat. § 628.56
Foreperson; Jury Sworn; Charge by Court
From the persons summoned to serve as grand jurors and appearing, the court shall appoint a foreperson, and it shall also appoint a foreperson whenever one already appointed shall be discharged or excused before such jury is dismissed. The grand jury shall then be sworn according to law, and the same oath shall be admi…
Minn. Stat. § 628.57
Jury to Retire; Clerk; Duties
The grand jury shall then retire to a private room and inquire into the offenses cognizable by it. It shall appoint one of its number clerk, who shall preserve the minutes of its proceedings, but not of the votes of the individual members on an indictment.
Minn. Stat. § 628.60
Juror Complainant, When
If a member of the grand jury shall know or have reason to believe that a public offense has been committed which is triable in the county, the member shall declare the same to the other jurors, who shall thereupon investigate the same.
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