Missouri Laws 545.030 – Indictments and informations, when valid
1. No indictment or information shall be deemed invalid, nor shall the trial, judgment or other proceedings thereon be stayed, arrested or in any manner affected:
(1) By reason of the omission or misstatement of the defendant‘s title, occupation, estate or degree, or of the county or town of his residence; or
Terms Used In Missouri Laws 545.030
- Allegation: something that someone says happened.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
(2) By the omission of the words, “with force and arms”, or any words with similar import; or
(3) By omitting to charge any offense to have been contrary to a statute or statutes, notwithstanding such offense may have been created or the punishment declared by a statute; or
(4) For the omission of the words “as appears by the record”; nor
(5) For omitting to state the time at which the offense was committed, in any case where time is not of the essence of the offense; nor
(6) For stating the time imperfectly; nor
(7) For stating the offense to have been committed on a day subsequent to the finding of the indictment or information, or an impossible day, or on a day that never happened; nor
(8) For want of a proper or perfect venue; nor
(9) For want of any venue at all; nor
(10) For want of a statement of the value or price of any matter or thing, or the amount of damages, injury or spoil in any case where the value or price, or the amount of damages, injury or spoil is not of the essence of the offense; nor
(11) For the want of an allegation of the time or place of any material fact, when the time and place have once been stated in the indictment or information; nor
(12) That dates and numbers are represented by figures; nor
(13) For an omission to allege that the grand jurors were impaneled, sworn or charged; nor
(14) For any surplusage or repugnant allegation, when there is sufficient matter alleged to indicate the crime and person charged; nor
(15) For want of the averment of any matter not necessary to be proved; nor
(16) For any error committed at the instance or in favor of the defendant; nor
(17) Because the evidence shows or tends to show him to be guilty of a higher degree of the offense than that of which he is convicted; nor
(18) For any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits.
2. Provided, that nothing herein shall be so construed as to render valid any indictment which does not fully inform the defendant of the offense of which he stands charged.